Preview

The Importance Of Criminal Justice: The Ten Constitutional Amendments

Satisfactory Essays
Open Document
Open Document
526 Words
Grammar
Grammar
Plagiarism
Plagiarism
Writing
Writing
Score
Score
The Importance Of Criminal Justice: The Ten Constitutional Amendments
When it comes to the Bill of Rights it contains a total of ten constitutional amendments. The most relevant to criminal justice are the fourth, fifth, sixth, and eighth amendments. The Fourth Amendment is one of the most well known. This amendment states that, people have the right to be secure in their persons, houses, papers and effects, against any unreasonable search and seizures. Their right shall not be violated, and warrants are issued when there is a probable cause. This amendment gives people the right to be free from any unreasonable search and seizures. When it comes to a warrant there is specific requirements that guide the warrant process. The warrant has to be issued by a judged, and supported by a probable cause, and specific details on …show more content…
This amendment states that, "excessive bail shall not be required, nor excesive fines imposed, nor cruel and unsual punishments inflicted" ( Siegel & Schmalleger & Worrall, 2015 P.14). By keeping bails to a reasonable amount, it ensures that individuals that are not considered dangerous, won't be languish in jail cells, till court date. With nor cruel and unsual punishments, it ensures that no tortures, beatings, or horrific executions take place. Finally, is the Fourteenth Amendment, which is due process. This amendment states that, no states shall enforce any law that shall abrigde the privaleges of the United States citizens. That means they shall not deprive any persons life, liberty, or property, without the due process law. When it comes to the amendments relationship to out Constitutional Rights, they help ensure those that are accused of any criminal activity are not rushed to judgement and treated unfairly. However, the Constitutional Rights protect everyone in this country. "The U.S Constitution spells out the rights we all enjoy, and these rights are not boundary specific; they apply throughout the United States" ( Siegel & Schmalleger & Worrall, 2015

You May Also Find These Documents Helpful

  • Satisfactory Essays

    Due process is a concept that dates back all the way to the early 13th century, when the Magna Carta was signed by King John. Due process of law is the principle that a person cannot be deprived of their right to life, liberty, and property without appropriate legal procedures and safeguards. It is first found in our constitution in the 5th amendment, and then it is once again stated in the 14th amendment. Due process is the only principle that is repeated in the constitution. (The Constitution states only one command twice.) There is little difference between what is said in the 5th and 14th amendment, but the one word that was added has had a monumental impact on our nation. The addition of the word “state” in the 14th amendment means that…

    • 168 Words
    • 1 Page
    Satisfactory Essays
  • Satisfactory Essays

    Mr. Disgrazia Case Study

    • 338 Words
    • 2 Pages

    Notably the Fourteenth Amendment contains important information that applies to all American citizens, and certain privileges the government certifies to individuals. The Fourteenth Amendment has many sections, but in Mr. Disgrazia case his Due Process was violated and the Equal Protection clause as well. The Fourteenth Amendment guarantees a person the right to counsel. Mr. Disgrazia did not have the opportunity, and was charge and convicted. The Due Process Clause ensures every individual is given a fair trail, and their liberty is not taken away. The right to privacy is important as mention before and Mr. Disgrazia is…

    • 338 Words
    • 2 Pages
    Satisfactory Essays
  • Good Essays

    Its obvious that we need the 14th amendment because a simple reason ; Equality. The 14th amendment is basically allowing everyone that is different then a what is considered to be a regular person and white man. Even though we have this we are still seen differently by some people but this amendment allows us to take action when they see us differently and try to do something about us. But to fully look into this situation we need to look at statistics. Lets look at the court case of Miranda v. Arizona first, in this court case it was decided that Miranda was treated unfairly under his 14th amendment. He confessed to a crime he had done without knowing that he was available to have a lawyer present while being questioned. He was therefore released under the court ruling that the due process clause of the 14th amendment had been violated because he was not told like he was supposed to that he has the right to remain silent, to have an attorney present, and, if the suspect cannot afford an attorney, to have one appointed by the state. He was later retried though without the confession and convicted. But clearly this is shown that those less educated on their rights and those different can still receive the equality they deserve and the information they need. But this also shows that our justice system is still able to punish everyone that needs to be…

    • 797 Words
    • 4 Pages
    Good Essays
  • Good Essays

    The fourteenth amendment in the constitution states that all people born in the United States have the same rights as every other person. No person should be deprived of life, liberty or property without due process of law. In other words, every person is free to live our life under certain simple-to-follow laws and if a person refuses follow these law that person could be deprived of liberty. It also states that not one person is above the law, every person is equal and will receive the same punishment as anyone who would of done by going to court where the judge and jury either determines them guilty or not guilty.…

    • 460 Words
    • 2 Pages
    Good Essays
  • Better Essays

    First, individual liberties and freedoms are important since without them one can be held indefinitely. Habeas corpus also known as the “great writ of liberty” guarantees that a person who is being held unjustly can go free (Habeas corpus, 2011). This is one of the reasons that make America so great because anyone who is detained can know the reason why they are being held and in so are allowed due process under the law. The Constitution protects the…

    • 2236 Words
    • 9 Pages
    Better Essays
  • Good Essays

    Essay On Search Warrants

    • 413 Words
    • 2 Pages

    The framers of the constitution wanted to protect private property of citizens. They didn't want to re-live the private property violations that colonial Americans faced under the British. Homes and ships were unlawfully searched and private property was seized by British soldiers. Today law enforcement officers must have consent, search warrant, or probable cause. All search warrants start out out as probable cause. Law enforcement officers file a request with the court officer that issues warrants stating their reason for needing to search private property. If the officer agrees then the warrant is issued but it will list exactly what they are searching for. Consent means that the owner of the private property has allowed the officer to search…

    • 413 Words
    • 2 Pages
    Good Essays
  • Better Essays

    “The Fourth Amendment explicitly affirms the ‘right of the people to be secure in their persons, houses, papers, and effects, against unreasonable searches and seizures.’ The Fifth Amendment, in its Self-Incrimination Clause, enables the citizen to create a zone of privacy which government may not force him to surrender to his detriment. The Ninth Amendment provides: ‘The enumeration in the Constitution, of certain rights, shall not be construed to deny or disparage others retained by the…

    • 1390 Words
    • 6 Pages
    Better Essays
  • Good Essays

    The eighth amendment is defined as “excessive bail shall not be required, nor excessive fines imposed, nor cruel and unusual punishments inflicted (Lectlaw, 2010). This amendment was adopted as part of the Bill of Rights in 1791. The eighth amendment serves the purpose of protection of those who are innocent until proven guilty and to ensure that all persons are treated fairly in the criminal justice system.…

    • 770 Words
    • 4 Pages
    Good Essays
  • Good Essays

    Criminal defendants have several constitutional clauses that protect defendants from excessively severe or uncommon punishments. Most of these restrictions can be found in the Eighth Amendment. The Eighth Amendment states that in a criminal case, “excessive bail shall not be required”, “excessive fines shall not be imposed”, and “cruel and unusual punishment shall not be inflicted”. This is important because it restricts the court from issuing a punishment that is not fitting for the crime.…

    • 272 Words
    • 2 Pages
    Good Essays
  • Good Essays

    8th Amendment Reflection

    • 668 Words
    • 3 Pages

    In this weeks module I learned about the eighth amendment and what it entails in this country. The Eighth Amendment of the United States Constitution prohibits the federal government from imposing excessive bail, excessive fines, or cruel and unusual punishments. That being said the founding fathers set this right into the Bill of Rights because of the cruel punishments the king of England had set in place in Great Britain. To live back then was crazy. The king could sentence you to execution without even getting a trial by your peers.…

    • 668 Words
    • 3 Pages
    Good Essays
  • Good Essays

    The amendment deals with protecting people from the police or other government authority searching their homes and private property without search warrants that have been properly executed. The Founders considered truthful that freedom from intrusion into one’s home by the government was a natural right granted by God and that it was fundamental to liberty. They experienced unreasonable searches and seizures by the King or appointed officials. For instance, as colonists they were susceptible to writs of assistance which means they could have all of their goods seized for the British authority. These events led to the 4th amendment (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) being added to the Constitution and being part of the Bill of Rights.…

    • 877 Words
    • 4 Pages
    Good Essays
  • Good Essays

    First of all, the Eighth Amendment was of great importance to the constitution, because of it’s protection. According to Eighth Amendment- Kids, 2012, it states, “Punishments must be fair, and cannot be cruel” This means that people cannot sentence others to torturous punishments. Many people do not use torture anymore, because this clause was enforced, According to Eighth Amendment, Imposing excessive and cruel punishment 2014, it is illegal to do harsh punishments. They put forth the information that “the government cannot demand excessive bail.” In other words, a bail, the temporary release of an accused person awaiting…

    • 530 Words
    • 3 Pages
    Good Essays
  • Good Essays

    Constitutional Policing

    • 986 Words
    • 4 Pages

    “The right of the people to be secure in their persons, houses, papers, and effects, against unreasonable search 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 seized.”…

    • 986 Words
    • 4 Pages
    Good Essays
  • Good Essays

    In addition the accused are given the rights to a speedy trial. This prevents the accused from sitting in jail for months on end and putting them and their families through emotional and financial strain. Lastly, the Eighth Amendment states that “Excessive bail shall not be required, nor excessive fines imposed, nor cruel and unusual punishments inflicted.” This explains that the punishment should be humane if you are convicted and when you are awaiting trial the bail should be proportional to your crime.…

    • 1052 Words
    • 5 Pages
    Good Essays
  • Powerful Essays

    8th Amendment

    • 1165 Words
    • 5 Pages

    The Eighth Amendment The 8th Amendment to the Constitution of the United States prohibits cruel and unusual punishment, as well as the setting of excessive bail or the imposition of excessive fines. However, it has also been deemed unconstitutional by the Supreme Court of the United States (according to the Eighth Amendment)to inflict physical damage on students in a school environment for the purpose of discipline in most circumstances. The 8th Amendment stipulates that bail shall not be excessive. This is unclear as to whether or not there is a constitutional right to bail, or only prohibits excessive bail, if it is to be granted. The Supreme Court has never directly addressed this interpretation problem, because federal law has always guaranteed that privilege in all non-capital cases (Compton's).…

    • 1165 Words
    • 5 Pages
    Powerful Essays