The Amendment Of The Rights Of Those Accused Of A Crime

The three amendments that are used to protect the rights of those accused of a crime include, the Fourth, Fifth, and Sixth Amendment. â€Å"The Fourth Amendment in the Constitution, contains protection against unreasonable searches and seizures and protects people’s homes, property, and effects† (as cited in Peak, 2015, p. 180). â€Å"The Fifth Amendment in the Constitution, among other protections, guards against self-incrimination and double jeopardy† (as cited in Peak, 2015, p. 180). â€Å"The Sixth Amendment in the Bill of Rights, guarantees the right to a speedy and public trial by an impartial jury, the right to effective counsel at trial and other protections† (as cited in Peak, 2015, p. 180). These three Amendments, in summary mean that any person who is accused of a crime is innocent until proven guilty, and their rights are just as important as anyone else. They have the natural born right to have their rights as citizens protected under the law, and ensure fair treatment from law enforcement officers. In 1993, the Supreme Court ruled a decision on the court case, Minnesota v. Dickerson. This court case followed the court ruling in 1968, which was the original stop and frisk case, Terry v. Ohio. In Terry v. Ohio, â€Å"The Supreme Court of the United States held that it is a reasonable search when an officer performs a quick seizure and a limited search for weapons on a person that the officer reasonably believes could be armed. A typical beat officer would be unduly burdened byShow MoreRelatedThe Justice System Of The United States1040 Words   |  5 Pagesset up to ensure Constitutional Rights to all involved. The courts provide certain rights to both the victim and the defendant during all stages of the due process. The primary goal in all phases of the criminal justice system is to ensure the protection of rights and guarantee justice is served. To ensure citizens freedoms are protected and individual rights are guaranteed the Constitution of the United States was formed. Wit hin the Constitution consists of Amendments. This paper will be discussingRead MoreThe Pros And Cons Of The Fifth Amendment926 Words   |  4 Pagesbasic rights to any citizen who is accused of a crime. The biggest right of all is the right to be presumed innocent until proven guilty. In other words, until and unless it can be proven without any doubt that you committed a crime, you will be considered not guilty. It is important to understand the in case of arrest, the burden of proof is always on the government. They are the ones who have to justify why you are being arrested. The U.S. Constitute guarantees those accused of a crime the privilegeRead MoreThe Supreme Court case Miranda v. Arizona in 1966 affected the rights of the accused and the1000 Words   |  4 Pagesaffected the rights of the accused and the responsibilities of law enforcement. Miranda v. Arizona is known as the â€Å"right to remain silent† case. â€Å"I must tell you first you have the right to remain silent. If you choose not to remain silent, anything you say or write can and will be used as evidence against you in court. You have the right to consult a lawyer before any questioning, and you have the right to have the lawyer present with you during any questioning. You not only have the right to consultRead MoreEssay on Law Enforcement and the Rights of the Accused1440 Words   |  6 PagesLaw Enforcement an d the Rights of the Accused â€Æ' Law Enforcement and the Rights of the Accused In this paper, I will discuss Amendments VI, V, VI and VIII which give rights to the accused. I will also examine how these rights affect law enforcement procedures. 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Prior to the establishment of the Bill of Rights in December 1791, many people would often find themselves accused of crimes they did not commit and would therefore face penalties for such crimes. The legal system then was not keen on respecting human rights and people of alleged crimes would be put through cruel methods of interrogation only to later confess to crimes they did not commit. In the event one was actually guilty of a crime, they had neither the means nor the ways to acquireRead MoreThe Sixth Amendment: Providing Justice for Everyone Essay731 Words   |  3 PagesThe 6th Amendment: Providing Justice for Everyone Prior to the Revolutionary War, if the British accused a colonist of a crime, he would most likely receive an unfair trial and a prison sentence. When the Founding Fathers wrote the Bill of Rights, they believed that all Americans deserved rights which the British had not given them. The 6th Amendment provides many legal rights to United States citizens that protect them from being wrongly convicted of crimes. The 6th Amendment is the most importantRead MoreThe Fourth Amendment And Fifth Amendment1585 Words   |  7 PagesThe three amendments that are used to protect the rights of those accused of a crime include, the Fourth, Fifth, and Sixth Amendment. The Fourth Amendment protects the right of people to be secure in their persons, papers, and effects, against unreasonable searches and seizures. (Peak, 2015, p.181). The Fifth Amendment protects the accused against self-incrimination, double jeopardy, and life, liberty, and property. Meaning no person will be forced to be a witnes s against themselves, they cannotRead MoreWhy Is The Rights Of The Accused Is Proven Accused1503 Words   |  7 PagesName Instructor Name Class Date History of the Rights of the Accused and the Warren Court One of the most well-known epithets in the United States is â€Å"innocent until proven guilty.† This means that until a prosecution has proven beyond a reasonable doubt that a person accused of a crime has indeed committed that crime, he or she is to be presumed innocent of all charges. In theory, this idea upholds the sense of democracy and fair trial upon which the country was founded. In practice, howeverRead MoreThe Impact Of Civil Justice System On The United States1287 Words   |  6 PagesThis paper will provide a written analysis of the impact of the 4th 5th 6th 8th and 14th amendments in the processing of criminals through the justice system, and the impacts it has in the criminal justice system’s due process and processing of an offender. The process of which the criminal justice system protects defendant’s and victim’s rights is called the Due process. I will attempt to explain how the due process is applied to the U.S. Constitution, to incl ude giving examples, explain the procedural