The Fourth Amendment allows the people certain protections, which allows a 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.” (Find Law. Fourth Amendment) So before an officer can search you, or your home they must have probable cause and have a warrant in hand or risk any evidence being collected useless during trial. The Fifth Amendment allows helps protect the person being arrested by allowing them to remain silent, in return protecting them from incriminating themselves. When being arrested, by law the officer reads the person their Miranda Rights, which includes remaining silent, contacting or providing a lawyer, and also protecting from being tried twice for the same crime which comes under the protection of Due Process. The Sixth Amendment allows the right to a speedy and public trial allowing them to stand trial in the district they committed the crime and allowing confrontation from witnesses and those who could help assist the defense.
Both models start with a person who commits a crime and needs to have some form of punishment put upon them. The next similarity is that the person would have committed a crime that was illegal according to the law, and that it was illegal at the time of the crime, not after. Lastly, these two models are similar because the defendant has the right to choose how they would like their case handled, according to their legal rights. A defendant can choose to use the Due Process Model if they would like to go to trial and use a jury to decide on their charges, or to use the Crime Control Model and get a plea bargain, to get their punishment over with, rather than drawing it
PA260: Criminal Law | The Sixth Amendment | Unit 8 Assignment | Deveny Seagraves 5/11/2013 | Deveny Seagraves PA260: Criminal Law Unit 8 Assignment May 11, 2013 The sixth Amendment sets up a strong foundation to what the court system has to offer to the defendant. It states that “In all criminal prosecutions, the accused shall enjoy the right to a speedy and public trial, by an impartial jury of the State and district wherein the crime shall have been committed, which district shall have been previously ascertained by law, and to be informed of the nature and cause of the accusation; to be confronted with the witnesses against him; to have compulsory process for obtaining witnesses in his favor, and to have the Assistance of Counsel for his defense.” (Findlaw) Under this amendment there are seven rights granted those rights are as followed; The right to a speedy trial, The right to a public trial, The right to be judged by an impartial jury, The right to be notified of the nature and circumstances of the alleged crime, The right to confront witnesses who will testify against the accused, The right to find witnesses who will speak in favor of the accused, and The right to have a lawyer. There are two pacific cases that I located while searching about the 6th amendment that I found interesting. Those cases are Powell v. Alabama 287 U.S. 45 (1932), and Gideon v. Wainwright, 372 U.S. 335 (1963). The seven rights granted under the 6th amendment play a valid role in what our courts should offer to the defendant.
The second issue is whether Joe Dullard's Fourth amendment right was violated. The IV amendment is “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.” In order to sue regarding an alleged Fourth Amendment violation, the plaintiff must have a legitimate expectation of privacy at the searched location. This expectation must meet both the subjective and objective tests of reasonableness. The subjective test requires the plaintiff to genuinely expect privacy, and the
Search and Seizure Paper According to the Fourth Amendment of the United States Constitution, “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 be 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” as a country we take our liberties seriously. Our founding fathers believed a search, seizure, arrest, and reasonableness were the basic foundation to a law abiding country. Today, these elements continue to impact our criminal justice system. We will take a closer look into these to define there necessity in our
Criminal Procedure Policy Paper CJA/364 May 1, Due process is the legal requirement that the law must respect the legal rights of every human being. The due process model demands a careful and informed consideration of the facts of each individual case. According to this model, law enforcement agents must recognize the rights of suspects during arrest, questioning, and handling. In addition, constitutional guarantees must be considered by judges and prosecutors during trials. The primary mission of the due process model is to protect innocent people from wrongful conviction.
Due process promises people the right to a speedy trial. The equal opportunity clause promises that the law will not discriminate against any person because of his or her differences. This amendment protects people against state and federal laws. Due Process and Crime Control Models Due Process The Fifth, Sixth, and Fourteenth Amendments to the United States Constitution, requires due process, which is a requirement that the justice system officials respect the rights of those who have been accused of a crime. The three requirements for police officers are: 1) search and seizure, 2) arrests, and 3) interrogation (Criminal Justice Today, p. 127-128).
So from the stat’s point of view, if you have someone, especially someone who’s clearly guilty, and you could get them to plead guilty by offering them an inducement, it’s in everybody’s interest to do that. Because my contention 01 states that plea bargaining gives us the right to speedy trial, and contention 02 states that plea bargaining benefits the system and contention 03 states that plea bargaining is better for the system and society. I hereby declare that in the United States, plea bargaining does not undermine the Criminal Justice
Criminal Procedure Policy CJA364 Criminal Procedure Policy The criminal justice system has its procedures and policies that help to control how it operates and to protect those that are in the criminal justice system. The Bill of Rights and the Constitution guarantees that the criminal justice system affords Due Process to all persons that are involved in the system. The fourth amendment gives the people the right to protect themselves and their possessions from unreasonable search and seizures. The Fifth Amendment states that a person shall not be held to answer any question indictment by a grand jury. The sixth amendment gives the people in the criminal justice system the right to a speedy trial.
Amendment 8 There are many reasons why Americans have many rights that protect them, and the Eight Amendment is another example of that. The Eight amendment states that “Excessive bail shall not be required” (The Constitution of the United States), which means that when a person commits a crime they don’t have to pay an excessive bail. So if u did a small crime you don’t have to pay a lot. In the Eight Amendment it also says that no cruel and unusual punishment would be given to one person. This means if someone is charged with a crime they cannot punish them cruelly, like using electric chairs or gas chambers (The Constitution of the United States).