Criminal Procedures Essay

1131 WordsMar 9, 20125 Pages
CRIMINAL PROCEDURE POLICY 1 Criminal Procedure Policy CJA/364 – Criminal Procedures December 5, 2011 CRIMINAL PROCEDURE POLICY 2 The United States Constitution was written in 1787 by James Madison, and signed in 1789 when it included the first 10 Amendments that referred to the Bill of Rights. Other Amendments were added in 1795 as well as other Amendments that were added later. The United States Constitution is the world's longest surviving written charter of government. (www.usconstitution.net/consttop_bor.html). Due Process of law is part of the clause in the Fourteenth Amendments, which was added in 1868. The Constitution, and the Amendments were put in place to protect all people and their rights as United States’ citizens. “Criminal procedure is the branch of American constitutional law concerned with the state’s power to maintain an orderly society and the rights of citizens and residents to live in freedom from undue government interference with their liberty” (Criminal Procedure: Constitution and Society, p. 4). Amendments to the Constitution Although there are 27 Amendments to the Constitution, the first 10 are referred to as the Bill of Rights. The focus will be on are the Fourth, Fifth, Sixth, and the Fourteenth Amendments. The Fourth Amendment to the Constitution James Madison’s added the following to the 4th amendment. “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 CRIMINAL PROCEDURE POLICY 3 seized”. (caselaw.findlaw.com/data/constitution/amendment04/). Four models of the Fourth Amendment provide protection: a

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