Preview

Criminal Law Foundations Essay

Powerful Essays
Open Document
Open Document
1585 Words
Grammar
Grammar
Plagiarism
Plagiarism
Writing
Writing
Score
Score
Criminal Law Foundations Essay
Criminal Law Foundations Evaluation
University of Phoenix
CJA 484
September 7, 2014
Shane Evans

Criminal Law Foundations Evaluation
The United States Constitution has been amended since its origination. These amendments are meant to help our Nation adjust to the ever changing times. Our Bill of
Rights is contended in the first ten amendments. The Bill of Rights is instilled into our constitution to protect the citizens of the United States from unfair and unjust treatment by their own government. Our government is protected and enforced through local police departments and our Bill of Rights gives certain freedoms to the citizens and suspect of the police prior to and during prosecution by the criminal justice system. From arrest to sentencing, the Bill of Rights protects us. This paper will specifically discuss the fourth, fifth, and sixth amendments of the Bill of Rights and how they pertain to both juvenile and adult court proceedings. The Bill of Rights also governs the government by placing limits to the extent of their reach, or power, and how that power is used against its own citizens. The Bill of Rights, or ten amendments, took adoption into our Constitution in 1789 by the efforts of James Madison.
Fourth Amendment
Our Fourth Amendment guarantees protection from unreasonable or unlawful search and seizure. This particular amendment is a component of the Bill of Rights that gives citizens the right to secure their persons, belongings and homes; each of which are protected under the Fourth Amendment from any unreasonable or unlawful search and seizure. The bill strongly states that this right shall never be violated as well no warrants shall be issued, unless there is a probable cause, which has approval by an oath of affirmation and the description of the place under inspection, the affected person or the possessions to be seized. In both juvenile and adult courts, the constitutional safeguard is applied (Emanuel



References: Hartley, R. D., & Rabe, G. A. (2008). Criminal Courts: Structures, Process, and Issues (2nd ed.). : Prentice Hall Inc.. Champion, D. J. (2010). The Juvenile Justice System: Delinquency, Processing, and the Law (6th ed.). : Prentice Hall Inc.. Abadinsky, H. (2008). Law and Justice: An Introduction to the American Legal System (6th ed.). : Prentice Hall Inc..

You May Also Find These Documents Helpful

  • Better Essays

    References: Schmalleger, F., Hall, D. E., & Dolatowski, J. J. (2010). Criminal Law Today: An introduction with…

    • 1042 Words
    • 5 Pages
    Better Essays
  • Satisfactory Essays

    Govt201 Unit 1 Amendment

    • 446 Words
    • 2 Pages

    4th Amendment - Prohibits unreasonable searches and seizures and sets out requirements for search warrants based on probable cause as determined by a neutral judge or magistrate…

    • 446 Words
    • 2 Pages
    Satisfactory Essays
  • Good Essays

    References: Meyer, J., & Grant, D. (2003). The Courts in Our Criminal Justice System. Upper Saddle River, NJ: Prentice Hall…

    • 445 Words
    • 2 Pages
    Good Essays
  • Better Essays

    The Fourth Amendment reads according to the U.S. Constitution (1995), 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. (U.S. Constitution, 1995).…

    • 2087 Words
    • 9 Pages
    Better Essays
  • Powerful Essays

    Syndrome-Based Defenses

    • 1710 Words
    • 7 Pages

    Schmalleger, F., Hall, D. E., Dolatowski, J. J. (2010) Criminal Law Today. Upper Saddle River: Pearson Education, Inc.…

    • 1710 Words
    • 7 Pages
    Powerful Essays
  • Better Essays

    Court History and Purpose

    • 1064 Words
    • 5 Pages

    Siegel, L. J., Schmalleger, F., & Worrall, J. L. (2011). Courts and Criminal Justice in America. Upper Saddle River, NJ: Pearson.…

    • 1064 Words
    • 5 Pages
    Better Essays
  • Good Essays

    References: “Introduction to the Justice System” “An Overview of the Court System in the United States“ www.library.thinkquest.org…

    • 689 Words
    • 3 Pages
    Good Essays
  • Good Essays

    · The Fourth Amendment protects American citizens’ “houses, papers, and effects, against unreasonable searches and seizures.” This means that if a government official or police officer wants to search your person or your property, he/she cannot do so without a judicial warrant and/or probable cause.…

    • 305 Words
    • 2 Pages
    Good Essays
  • Better Essays

    IV Amendment

    • 1871 Words
    • 8 Pages

    The Constitution, through the Fourth Amendment, protects people from unreasonable searches and seizures by the government. The Fourth Amendment, however, is not a guarantee against all searches and seizures, but only those that are deemed unreasonable under the law. Whether a particular type of search is considered reasonable in the eyes of the law, is determined by balancing two important interests. On one side of the scale is the intrusion on an individual's Fourth Amendment rights. On the other side of the scale are legitimate government interests, such as public safety.…

    • 1871 Words
    • 8 Pages
    Better Essays
  • Good Essays

    Stop and Frisk

    • 504 Words
    • 3 Pages

    The Fourth Amendment protects individuals against unreasonable searches. The amendment also states that no warrant shall be issued without a probable cause. The objective basis of the law is to conduct searches when there is enough evidence to back up the accusation or claim that is being made. Modern jurisprudence has given officers the incentive to conduct searches without a warrant. All an officer needs to conduct a search is reasonable suspicion that an individual may be…

    • 504 Words
    • 3 Pages
    Good Essays
  • Good Essays

    “The Fourth amendment states : The right of the people to be secure in their persons, house, papers, and effects, against unreasonable searches and…

    • 949 Words
    • 4 Pages
    Good Essays
  • Good Essays

    The United States 4th amendment states “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…

    • 625 Words
    • 2 Pages
    Good Essays
  • Good Essays

    Constitutional Law

    • 850 Words
    • 4 Pages

    “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.” ("Fourth amendment,”)…

    • 850 Words
    • 4 Pages
    Good Essays
  • Good Essays

    “The Fourth Amendment of the U.S. Constitution provides, 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" (“Fourth Amendment,” n.d., para .1).…

    • 543 Words
    • 3 Pages
    Good Essays
  • Good Essays

    Fourth Amendment

    • 1154 Words
    • 5 Pages

    The Fourth Amendment of the United States of America constitution reads as follows; 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. It was ratified into the Bill of Rights on December 15th, 1791 and is the section that protects us against illegal and/or unreasonable searches and seizures of our homes, person or property and was drawn from the “Every man’s house is his castle” maxim celebrated in England. It was established as protection against…

    • 1154 Words
    • 5 Pages
    Good Essays