Due Process
There are several Amendments within the United States Constitution twenty-seven to be exact, that have a noticeable impact on the way criminal offenders are processed through the criminal justice system in America. There are few of the rights guaranteed to criminal defendants by the U.S. Constitution that have a more tangible impact on the handling of offenders throughout the criminal justice system in the United States. These Amendments are the 4th, 5th, 6th, 8th, and the 14th Amendments of the US Constitution (Ingram L. J., 2009). The 4th, 5th, 6th, 8th, and the 14th Amendments of the US Constitution guarantees criminal defendants rights against unreasonable “searches and seizures”, protects against unfair treatment in legal processes, the right to have legal counsel present, right against “cruel and unusual punishments”, and the right to rights and equal protection of the laws. Why are the 4th, 5th, 6th, 8th, and the 14th amendments so impactful to the way criminal are processed through the criminal justice system in the United States? The best way to understand there impact to the criminal justice process is to have proper understanding of each of five amendments impact individually to have a fully understanding of their purpose. Let’s begin with the Fourth Amendment of the US Constitution. Cornell University of Law states that the Fourth Amendment is the “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” (Criminal procedure: an overview, n.d). Citizen of the United States are also protect by illegal seizing or searching of property in the Due Process Clause of the Fourteenth Amendment as well. The Fourth Amendment safeguards any citizen of the United States (that is without violation of its protection) from unreasonable searches and removal of property without probable cause to do so. The Supreme Court has extended these search and seizure protections to juveniles offenders as well. Without “probable cause” (fundamental evidence that strongly suggest that a criminal offense was committed and can directly links the accused to the crime in question) there will be no warrant issued to search or obtain any property. Failure to follow proper procedure may result in the suppression of evidence or the release of an arrested suspect. It has been said that the “exclusionary rule” is helpful in enforcement of the Fourth Amendment “by removing the law enforcement incentive to violate it when securing evidence of crime. When illegally seized evidence cannot be used at trial, there is little reason to illegally seize evidence” (Ingram L. J., 2009 pp.15). However, there are a few exceptions to the exclusionary rule when it come the admissibility of evident seized illegally, which are said to be when law enforcement officials make a “good faith” effort to follow established procedures, plain view doctrine, Inevitable discovery rule, Independent source, Probable Cause/ Search Incident (Ingram L. J., 2009 pp.15). The Fifth Amendment is explained by the Cornell University as “The guarantee rights in criminal cases to a grand jury, forbids “double jeopardy,” and protects against self-incrimination. It also requires that “due process of law” be part of any proceeding that denies a citizen “life, liberty or property” and requires the government to compensate citizens when it takes private property for public use” as noted by (Criminal procedure: an overview, n.d). The Fifth Amendment safeguards all citizen of the United States from forced self-incrimination juveniles are also entitled to these protection. Once a citizen of the United …show more content…
It has been said that “Eighth Amendment deals only with criminal punishment, and has no application to civil processes” (Criminal procedure: an overview, n.d). Juvenile offender under the eight amendment cannot be sentenced to death nor sentenced to life without parole for non-homicide offenses. This would constitutes as cruel and unusual punishment of a juvenile. As for adult offenders beheading, drawing and quartering, public dissecting, emboweling alive, and burning alive can all be constitutes as cruel and unusual punishment if used in the criminal justices system
There are several Amendments within the United States Constitution twenty-seven to be exact, that have a noticeable impact on the way criminal offenders are processed through the criminal justice system in America. There are few of the rights guaranteed to criminal defendants by the U.S. Constitution that have a more tangible impact on the handling of offenders throughout the criminal justice system in the United States. These Amendments are the 4th, 5th, 6th, 8th, and the 14th Amendments of the US Constitution (Ingram L. J., 2009). The 4th, 5th, 6th, 8th, and the 14th Amendments of the US Constitution guarantees criminal defendants rights against unreasonable “searches and seizures”, protects against unfair treatment in legal processes, the right to have legal counsel present, right against “cruel and unusual punishments”, and the right to rights and equal protection of the laws. Why are the 4th, 5th, 6th, 8th, and the 14th amendments so impactful to the way criminal are processed through the criminal justice system in the United States? The best way to understand there impact to the criminal justice process is to have proper understanding of each of five amendments impact individually to have a fully understanding of their purpose. Let’s begin with the Fourth Amendment of the US Constitution. Cornell University of Law states that the Fourth Amendment is the “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” (Criminal procedure: an overview, n.d). Citizen of the United States are also protect by illegal seizing or searching of property in the Due Process Clause of the Fourteenth Amendment as well. The Fourth Amendment safeguards any citizen of the United States (that is without violation of its protection) from unreasonable searches and removal of property without probable cause to do so. The Supreme Court has extended these search and seizure protections to juveniles offenders as well. Without “probable cause” (fundamental evidence that strongly suggest that a criminal offense was committed and can directly links the accused to the crime in question) there will be no warrant issued to search or obtain any property. Failure to follow proper procedure may result in the suppression of evidence or the release of an arrested suspect. It has been said that the “exclusionary rule” is helpful in enforcement of the Fourth Amendment “by removing the law enforcement incentive to violate it when securing evidence of crime. When illegally seized evidence cannot be used at trial, there is little reason to illegally seize evidence” (Ingram L. J., 2009 pp.15). However, there are a few exceptions to the exclusionary rule when it come the admissibility of evident seized illegally, which are said to be when law enforcement officials make a “good faith” effort to follow established procedures, plain view doctrine, Inevitable discovery rule, Independent source, Probable Cause/ Search Incident (Ingram L. J., 2009 pp.15). The Fifth Amendment is explained by the Cornell University as “The guarantee rights in criminal cases to a grand jury, forbids “double jeopardy,” and protects against self-incrimination. It also requires that “due process of law” be part of any proceeding that denies a citizen “life, liberty or property” and requires the government to compensate citizens when it takes private property for public use” as noted by (Criminal procedure: an overview, n.d). The Fifth Amendment safeguards all citizen of the United States from forced self-incrimination juveniles are also entitled to these protection. Once a citizen of the United …show more content…
It has been said that “Eighth Amendment deals only with criminal punishment, and has no application to civil processes” (Criminal procedure: an overview, n.d). Juvenile offender under the eight amendment cannot be sentenced to death nor sentenced to life without parole for non-homicide offenses. This would constitutes as cruel and unusual punishment of a juvenile. As for adult offenders beheading, drawing and quartering, public dissecting, emboweling alive, and burning alive can all be constitutes as cruel and unusual punishment if used in the criminal justices system