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).
United States, 1932. It states basically that a person cannot be tried for lesser and greater crimes using the same evidence in subsequent trials. A person can be tried on lesser and greater crimes using the same evidence if the crimes are tried together in one trial. This does not constitute double jeopardy because the defendant is not tried twice using the same evidence. The Blockburger test, in the Court's words is this, "The test to be applied to determine whether there are two offenses or only one, is whether each provision requires proof of an additional fact which the other does
Before the rule was in place, any evidence was admissible in a criminal trial if the judge found the evidence to be relevant. The manner in which the evidence had been seized was not an issue. This began to change in 1914, when the U.S. Supreme Court devised a way to enforce the Fourth Amendment. According to the Legal Dictionary online, the exclusionary rule is a law that prohibits any evidence that was illegally obtained from being admissible in any criminal case (Legal Dictionary, 2011). While this law does not have any jurisdiction in a civil or grand jury case, it does prevent police officers from taking action that would violate Americans’ fourth Amendment right and deter any misconduct on behalf of the police officer.
I think this law is somewhat ok, maybe not the execution part, I do think a thief should pay for what they stole or give it back or if they don’t do either of those 2 things they should go to prison, I don’t think the person should be executed for that particular crime, so to me this law is somewhat good somewhat bad. I think this law could be used today in a way, like say if someone steals something from someone and the police catch them, they can give them 3 choices, 1. Pay the person you stole from the value of what you stole, 2. Give the object back, Or 3. Go to prison, I do not think that a person should be killed for stealing though thats a little too harsh for this particular
Police Powers in the Public Services P1 – describe the difference between arrest with and without a warrant M1 – explain the requirements of lawful arrest and detention D1 – evaluate the powers of arrest, detention and search There is a legal right that allows UK citizens to arrest another person. This law is given under Section 24 of the Police and Criminal Evidence Act (PACE), 1984. In order to carry out a citizen’s arrest, there are certain rules that say when you can and cannot make an arrest. If you have suspicions that someone has committed a crime, these suspicions are not enough, no matter how strong they are. You could find yourself getting into trouble with the police if you carry out an arrest that is incorrect.
The Bill of Rights is the first ten amendments which contains procedural and substantive guarantees of individual liberties and limits. The Bill of Rights contains 10 amendments that give us protections and rights. The First Amendment is a guaranteed that the Congress cannot make any law about your religion, stop you from practicing your religion, or keep you from saying whatever you want, and also gives you the right to meet peacefully and challenge the government. The Second Amendment gives the
Judiciary Act (1789)- This act instituted by George Washington created the judicial system of the Supreme Court. It also established lower federal courts as needed. Bill of Rights added to the Constitution (1791)- The Bill of Rights was the first Ten Amendments being added to the Constitution. These amendments included, the freedom of religion, speech, and press; the right to bear arms; ect. These were instituted to protect the rights of the people, which was asked for by the anti-federalists.
Many believe that a government without limits will turn into a government that acts in ways that will disregard the rights of all in all circumstances (Zalman, M. (2008). Those who support the crime control model, however, indicate that these protections hinder law enforcement investigation and allow defendants more privacy than victims are allowed “Crime control emphasizes an efficient criminal process through early determination of guilt by law enforcement agents” and the Fourth Amendment prevents this (Cornell,
A writ of habeas corpus is a directive from a court requiring the government to justify the imprisonment of a citizen. Because of the writ of habeas corpus guarantee, an individual cannot be held for more than a short period of time without being formally charged with a crime. (McNamara, 2010) The Due process clause also affords the accused of the right to trial by a jury of ones peers. These case are handled so that in a federal proceeding formal charges can not be levied without a grand jury hearing where an indictment must be issued. The jury trial and grand jury guarantees are intended to protect private citizens from over-zealous police officers, prosecutors and judges.
The answer is no. The search was legal and you will be prosecuted for the drugs. Why? Because you “consented” to the search when the officer asked. By consenting, you waive your right to be protected by the Fourth Amendment.