Criminal Law Foundations Evaluation Paper

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Criminal Law Foundations Evaluation Audry Payne CJA/484 November 19, 2012 William Markopoulas Abstract United States citizens possess certain rights that protect them before, during, and after any criminal proceedings. The United States Constitution defines those rights. Congress approved the Bill of Rights that contains many amendments to the Constitution. The Bill of Rights contains the 4th, 5th, and 6th Amendments to the United States Constitution. Those rights help protects citizens from illegal search and seizures by the government. They also provide the right to counsel, a speedy trial, and they provide protection from self-incrimination. Suspects become informed of their Miranda Rights at the time of their arrest. Although…show more content…
Constitution protects citizens against unreasonable search and seizures by law enforcement officers. This right applies to juveniles and adults. In 1967, the Supreme Court ruled during the State v. Lowry case juveniles should not receive worse treatment from law enforcement officers than adults (Burfeind & Bartusch, 2011). To search a suspect of any age police must have a warrant and probable cause. Special circumstances may apply when a warrant is unnecessary. For instance, police may conduct a search without a warrant if they obtain voluntary consent, and officers may search vehicles if they believe the vehicle contains contraband. Officers may conduct a warrantless search of a suspect if they believe he or she will destroy the evidence and upon an arrest to ensure the suspect does not possess weapons. Officers may search private dwellings for fleeing suspects without a warrant. Police may seize property without a warrant if the evidence is in plain view (, 2011). Police officers used to violate suspects’ constitutional rights by conducting illegal search and seizures that violates suspects’ rights. The exclusionary rule helps ensure law enforcement officers no longer violate suspects’ Fourth Amendment rights by obtaining evidence during illegal searches and seizures. The rule protects adults and juveniles. The exclusionary rule also deters unlawful police conduct because the evidence collected is inadmissible in a…show more content…
(2012). IS THE EXCLUSIONARY RULE DEAD?. Journal of Criminal Law & Criminology, 102(1), 1-23. Retrieved November 19, 2012, from EBSCOhost database Burfeind, J. & Bartrusch, D. (2011). Juvenile Delinquency: An Integrated Approach. Retrieved November 19, 2012, from Fehling, G. B. (2011). VERDUGO, WHERE'D YOU GO?: STOOT V. CITY OF EVERETT AND EVALUATING FIFTH AMENDMENT SELF-INCRIMINATION CIVIL LIABILITY VIOLATION. George Mason Law Review, 18(2), 481-532. Retrieved November 19, 2012, from EBSCOhost database Henning, K. (2010). Denial of the Child's Right to Counsel, Voice, and Participation in Juvenile Delinquency Proceedings. Child Welfare, 89(5), 121. Retrieved November 21, 2012, from EBSCOhost database (2011). Criminal Law. Search and Seizure Frequently Asked Questions. Can police conduct a search without a search warrant? Retrieved November 19, 2012, from Kinports, K. (2011). THE SUPREME COURT'S LOVE-HATE RELATIONSHIP WITH MIRANDA. Journal Of Criminal Law & Criminology, 101(2), 375. Retrieved November 20, 2012, from EBSCOhost

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