Running Head: CONSTITUTIONAL PROTECTIONS The Constitutional Procedures Deborah Llamas Kaplan University CJ500-01N Professor Gordon Crews March 6, 2013 The Fifth Amendment referred to as the Bill of Rights implemented because of the standard method “I Plead the Fifth” (Bill of Rights, 2008). The four basic clauses associated with the Fifth Amendment include, the grand jury clause: that no individual held responsible in justifying a capital, or either heinous crime, unless on a claim or demand by a Grand Jury. The Grand Jury Clause is an essential component because it requires a grand jury in capital cases to prevent a person charged without evidence, determined by a Grand Jury
The Supreme Court created the exclusionary rule to prevent police misconduct. When a police officer is in violation of an individual’s fourth amendment right which is the right to be free from illegal search and seizure, the evidence found during that illegal act is kept out of federal court. This would have been helpful during the OJ Simpson trial. The exclusionary rule not only has three elements to it but it has a purpose for it too. With this are the three elements which are as follows.
The Fifth Amendment of the United States Constitution involving the clause of double jeopardy states that no person shall “be subject for the same offense to be twice put in jeopardy of life or limb…” This statement gives no right to the government to prosecute or punish a criminal for the same offense. Going through trial in a case is not only financially straining for both the court and the individual but also emotionally. There are three conditions necessary for a defendant to have protection under double jeopardy against a second prosecution. The earlier prosecution must progress to the point of jeopardy attachment. Second, a prosecution must then involve the same offense.
Legislative Facts- Can be subdivided into three areas, legislative history of a relevant statute, interpretation of nonlegal facts used in a relevant legislative process, and information about the impact of extant law. Adjudicative Facts- include, but are not limited to, common definitions, pronunciation, idioms, slang, and body language. Political Facts & Matters of Law Why do officers have the right to temporarily detain private citizens? In your opinion, should the officers have this right? Use cases and court proceedings to support your opinion.
DC case with a 5-4 decision declaring that the Second Amendment protects an individuals right to keep and bear arms for self-defense and thus protecting ones fundamental right. “There are two ways protection might be applied to the states through the 14th Amendment…one way [being] the due process clause and the other is through the privileges and immunities clause (Wikipedia, p4).” The due process clause is the principle that government must respect all of the legal rights that are owed to a person according to the law and therefore concluding that the right to bear arms is being threatened (Wikipedia, p3-4). Much in the same way, the Privileges and Immunities Clause prevents a state from treating citizens of other states in a discriminatory
The “due process” and the “crime control” models both have to follow a protocol, regulations, and laws as described by the United States Constitution. Regardless of the approach, it is followed either by “due process”, or by the crime control model, the laws and Amendments must ensure the same approach effectively and consistently (Zalman, 2008). Both models have other differences as well. For example, the “due process” model provides that law enforcement within the criminal justice system is important to ensuring appropriate justice within society. While the “crime control” model contemplates that, the criminal justice system has an adverse consequence and progressively stops the process of arresting people within the criminal justice system.
Criminal Procedure Article Review Sarah Eaton CJA/364 Coleen Cusack University of Phoenix The Fourth Amendment states: “The right of the people to be secure in their persons, houses, papers, and effects, against unreasonable searches and seizures, shall not be violated, and no warrants shall issue, but upon probable cause, supported by oath or affirmation, and particularly describing the place to be searched, and the persons or things to be seized” (Cornell University Law School, 2012). In an article written by the Christian Science Monitor, the rights of the accused in Guantanamo Bay are examined, specifically the right to be at trial (Richey, 2006). Those who are kept in Guantanamo Bay are considered terrorists or war criminals, but this article debates the right for these people to be present at their own trials; this right is guaranteed to all American citizens. The problem that is being encountered is how to protect the prisoner’s rights, without compromising the war on terror (Richey, 2006). These prisoners are assigned a military lawyer that has access to
Unit 3 Individual Project Shanee Lucher A I U The bill of rights states some of the individual rights guaranteed to American citizens . Under the first 10 amendments lies the fourth amendments that states “ The right of the people to be secure in their persons ,house, papers , and effects against unreasonable searches and seizures , shall not be violated and no warrants shall issue , but upon probable cause , supported by Oath or affirmation , and particularly describing the place to be searched and the persons or things to be seized “ . ( Law.cornell.edu/constitution) . Some offense do require a search warrant in which there is certain steps that need to be followed . When issuing a search warrant it is issued by the court or the courts judge who authorize law enforcement officials to search a person or their property for evidence that can
With this case it defined the fourth amendment to “protect the person not the place”. (Fordham, p.580). This means that even though the person is in public if he wanted to protect something and making it private then he has the legal right to. According to Justice Harlan there is a two-step inquiry to determine whether a defendant expected to keep something private. These two steps are , “(1) whethere the individual “exhibited an actual (subjective) expectation of privacy”; (2) whether the expectation is “one that society is prepare to recognize as reasonable.”“( Fordham, p.580).
The trail court had denied. So then Katz appealed it to the Supreme Court, in which they upheld his conviction. Issue: Does the Fourth Amendment protect person privacy when it comes to phone conversations on a phone booth? Rule: The Fourth Amendment protects unreasonable search and seizures and follows a person and not a place. Analysis: A person should be able to have