The Rights Of The And Criminal Cases Essay

During the next few years the Bill of Rights began to be accepted by the

In comparing Thomas Jefferson’s Letter to the Danbury Baptists, The Declaration of Independence, and U.S. Constitution, it is evident that the basis of all three documents is the idea that all human beings possess God-given fundamental rights and that government is created to protect those rights. The Declaration of Independence, written by Thomas Jefferson in 1776, is the first of the three documents penned. This is important because it defined the rights of liberty and equality of all American citizens as outlined in John Locke’s natural law thesis (Martin, page 113). In addition to providing an itemized account of the grievances colonist’s held against King George III of England, it served to justify the colonist’s quest for independence and separation from British rule. The Declaration of Independence conveyed to the crown that "all men are created equal, that they are endowed by their Creator with certain unalienable rights, which among these are life, liberty and the pursuit of happiness." The Founders’ of the New World understood that their pursuit of liberties and autonomy specified in the Declaration of Independence could not come to fruition without instituting decrees. In 1787, the U.S. Constitution, was written to replace the Articles of Confederation with a better defined series of stringent laws that would legally uphold the freedoms and privileges established in the Declaration of Independence. The First Amendment of the Bill of Rights in

On June of 1776, the Declaration of Independence was born. Drawn up by Thomas Jefferson and based on the works of John Locke, the general purpose of the document was to clarify that governments have conditional, not absolute authority over the people; that human beings possess natural rights that can’t be taken from them and government is created to protect those rights. The phrases “unalienable rights of life, liberty, and the pursuit of happiness” and “all men are created equal” were the main theme of the social contract written for the small colonies of what would be the basis of the United States of America to declare independence from Great Britain and its tyrannical king. However, “unalienable rights of life, liberty, and the pursuit of happiness” and “all men are created equal” did not apply to African Americans, enslaved or free for the coming years.

The basis of criminal justice in the United States is one founded on both the rights of the individual and the democratic order of the people. Evinced through the myriad forms whereby liberty and equity marry into the mores of society to form the ethos of a people. However, these two systems of justice are rife with conflicts too. With the challenges of determining prevailing worth in public order and individual rights coming down to the best service of justice for society. Bearing a perpetual eye to their manifestations by the truth of how "the trade-off between freedom and security, so often proposed so seductively, very often leads to the loss of both" (Hitchens, 2003, para. 5).

The Declaration of Independence was created with human rights in mind. In the Declaration of Independence, they explained why the colonies chose to overthrow their ruler and become independent and be separate nation in the world. Within this document there are four parts. The beginning, also known as the preamble is the most essential part. The preamble justifies the rights of the citizens of America. It reads, “we hold these truths to be self-evident, that all men are created equal, that they are endowed by their Creator with certain unalienable rights; that among these are life, liberty, and the pursuit of happiness.” When Thomas Jefferson states that “all men are created equal” he means that all citizens are of equal worth and value in the eyes of god. This is basically what human rights are. The "pursuit of happiness" is allowing an

Though term was yet to be coined, these rights give birth to the "American Dream." The bulk of The Declaration is specific in making complaints to and about King George the III. All the complaints are in violation of some basic right or another. The Declaration of Independence in essence says to England, "we are free men, and potentially a great nation, we will not be restricted and bound by your unjust and inhumane laws any longer."

The criminal justice system in the United States has traditionally operated under two fundamentally different theories. One theory is the Crime Control Model. This theory is characterized by the idea that criminals should be aggressively pursued and crimes aggressively punished. The other theory is the Due Process Model. This theory is characterized by the idea that the rights of the accused need to be carefully protected in any criminal justice investigation. (Levy, 1999)

From the beginning, the United States Constitution has guaranteed the American people civil liberties. These liberties have given citizens rights to speak, believe, and act freely. The Constitution grants citizens the courage to express their mind about something they believe is immoral or unjust. The question is, how far are citizens willing to extend the meanings of these liberties? Some people believe that American citizens take advantage of their civil liberties, harming those around them. On the contrary, many other people feel that civil liberties are necessary tools to fight for their Constitutional rights.

"If the fires of freedom and civil liberties burn low in other lands, they must be made brighter in our own. If in other lands the press and books and literature of all kinds are censored, we must redouble our efforts here to keep them free. If in other lands the eternal truths of the past are threatened by intolerance, we must provide a safe place for their perpetuation." Franklin Delano Roosevelt, 1938 (Isaacs 66)

There was once a country that did not have unalienable rights. Its citizens did not have the power to live life the way they want to, they could not strive to achieve their full potential, and lived under an oppressive government that did not allow them to have freedom. This description of this “country” may seem like an excerpt from a fictional apocalypse story but this is how America would be like without the Declaration of Independence and its emphasis on the four ideals, which includes equality, unalienable rights, consent of the governed, and the right of the people to alter or abolish the government. This is also the current condition of many countries that do not emphasize the four ideals. The Declaration was written by Thomas Jefferson in June 1776 after he was asked by the Continental Congress to write a Declaration of Independence from Great Britain. At this point, the Revolutionary War has been going on for a year. The colonies finally wanted to break away from Britain and appointed a committee of five to write, edit, and publish the document. The Declaration of Independence stated four important ideals but which ideal is most important? Of these ideals, equality and right to alter or abolish the government are very significant, but the most important ideal is unalienable rights.

In the case of Robinson v. California, 370 U.S. 660 (1962), the Supreme Court ruled that a law may not punish a status; i.e., one may not be punished to being an alcoholic or for being addicted to drugs. However, of course, one may be punished for actions such as abusing drugs. The question becomes; What if the status “forces” the action? What if a person, because of his/her addiction to drugs, is “forced” by the addiction to purchase and abuse the illegal drugs? Would punishing that person be unfairly punishing a status?

Immemorial, governments and individual citizens have had to walk a thin tightrope between the two ideals. This controversy was the catalyst that sparked the first ten amendments of the Constitution that we know as the Bill of Rights and, how in addition to these rights secured by America's forefathers, a number of institutions have arisen to ensure the protection of individual rights in an increasingly complex world. In order to add balance to this equation, the criminal

When it comes to the United States, (U.S), the majority of the American people love their seconded amendment rights. As stated in the textbook, Constitutional Law and the Criminal Justice System by J. Scott Harr, Karen M. Hess, Christine Orthmann, the second amendment of the United States Constitution, for the most part, protects the U.S. citizens rights to “keep and bear arms” (Harr, Hess, Orthmann, & Kingsbury, 2015, p. 167). That being said, each state in the U.S. will vary in their firearms laws. For instance, some states make it easier for their residence to purchase or use a firearm; other states may have stricter laws that require a more scrutinized screening process. To be more specific, most states vary in elements, such as the exceptions to the National Instant Criminal Background Check System, or NICS, the waiting period on purchasing firearms; if someone needs a license to own or purchase a gun; if registration is required; and if a record of the firearm sales is sent to the local police. Other factors that will differ from state to state would include, if some firearms are permitted or not allowed to be sold or owned by a state, the concealed carry laws, hunter protection laws; range protection laws, and finally, not all states have firearm injury lawsuit preemption.

Millions of Americans are victims of crime every year. Victims of crimes have rights which entitle them to special benefits and help as a result of a crime.

Today many people witness or have experienced the injustices committed towards others or even personally due to race, social status, or because of their ethnicity. Throughout the years, many laws were passed to protect people from these injustices. After slavery in America was abolished, black people were allowed to become citizens and vote due to the 14th and 15th Amendment added to the Constitution and there was equality for some time after. Another example would be during the Civil Rights Movement that the saying “separate but equal” was developed and passed as a law. This law brought equality between the black and white races even though they were not together and were in separate facilities. Although many of these laws were passed they did not have the results that the government was hoping for, over the recent years America has been trying to improve equality to the people.