Why Is The Constitution Created
The U.S. Constitution is the supreme law of the law of the land. It created the federal system of government in which power is shared between both the federal government and the state government. It also helped form the current criminal justice system we have in America here today. If it wasn’t for the constitution. im pretty sure that our system of government would have been in a supreme power struggle to take each other out. The criminal justice system is widely based on both the state and federal government who oversee law enforcement and its power within the states. America has to be protected from tyranny which is why the constitution was created. “What is the Constitution? It is a document designed to protect our freedom by imposing
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law on those who wield political power including the government. Without such law, Americans would be under the constant threat or tyranny.”( What is the Constitution? (2010, May 23). The Constitution was signed September 17, 1787. It is the written document which established the U.S. federal government and put certain powers and left the rest of the states. The Constitution gave America a basis of laws and rights, Towards the end of the Constitution there was a system of checks and balances on the powers of the government that they formed. This allows the Constitution to be amended by a supermajority vote by either two thirds of the Senate and House of Representatives followed by approval of three quarters of the state. Or by a proposal made at a convention requested by two thirds of the state followed by the approval of three quarters of the state. This system is set in place to make sure no government branch becomes too strong.(whitehouse.gov) There are three branches of government, the executive branch that is headed by the president of the United States, who also acts as the head of state in diplomatic relations and as commander in chief of all U.S. branches of the armed forces. The president has the power to either pass or Vito bills that Congress comes up with, congress still can override the president’s decision but it would take two-thirds vote from both houses. The vice president is also part of the executive branch if anything should happen to the president he would be the next in line to take over the presidency. “The vice president also serves as the president of the United States Senate, where he or she casts the deciding vote in the case of a tie. Except in the case of tiebreaking votes, the Vice President rarely actually presides over the Senate.”(Whitehouse.gov)
The second branch of government is the legislative branch, which was established by the first article of the Constitution. The legislative branch is headed by Congress which includes the House of Representatives and the Senate. “The House of Representatives is made up of 435 elected members, divided among the 50 states in proportion to their total population.”(whitehouse.gov)The main task of these two bodies is to make laws. This includes passing laws, originating spending bills (house), impeaching officials (Senate), and approving treaties (Senate).
The third branch is the judicial branch which was created by the third article and is headed by the Supreme Court.
Its powers include interpreting the Constitution, reviewing laws. And deciding cases involving states’ rights. The judicial branch really up holds the 4th amendment which prohibits unreasonable searches and seizures and requires any warrant to be judicially sanctioned and supported by probable cause.also the 5th amendment No person shall be held to answer for a capital, or otherwise infamous crime, unless on a presentment or indictment of a Grand Jury, except in cases arising in the land or naval forces, or in the Militia, when in actual service in time of War or public danger; nor shall any person be subject for the same offence to be twice put in jeopardy of life or limb; nor shall be compelled in any criminal case to be a witness against himself, nor be deprived of life, liberty, or property, without due process of law; nor shall private property be taken for public use, without just compensation. (constitution.findlaw.com/amendment5),and the 6th amendments which explains In all criminal prosecutions, the accused shall enjoy the right to a speedy and public trial, by an impartial jury of the State and district wherein the crime shall have been committed, which district shall have been previously ascertained by law, and to be informed of the nature and cause of the accusation; to be confronted with the witnesses against him; to have compulsory process for …show more content…
obtaining witnesses in his favor, and to have the Assistance of Counsel for his defense.(constitution.findlaw.com/amendment6) There are two forms of court systems in America. The federal court system and the state courts system. State and local courts are established by a state (within states there are also local courts that are established by cities, counties, and other municipalities, which are including in the general discussion of state courts.) Federal courts are established under the U.S. Constitution to decide disputes involving the Constitution and laws passed by Congress.
There are many significant cases that impacted the criminal justice system and the rights of all people.
One of the most famous cases is Miranda v. Arizona in 1966, this is where “Miranda Rights” came from. The Supreme Court threw out the charges against Ernesto Miranda, who was interrogated by Arizona police for the rape and kidnapping of a woman. The supreme court ruling changed the process of police nterrogation. The right to have an attorney present and to have one appointed by the courts on the defendant’s behalf. Suspects are also warned that any statements they make can be used against them by law enforcement. This one case changed interrogation tactics and what information could and can not be used in court.( Miranda v. Arizona | Casebriefs.com) Another landmark case that changed the criminal justice system is Terry v. Ohio in 1968. This case was based upon the right for someone to be stopped and frisked. The officer observed three men looking very suspicious outside of a store. They would walk up and down the same street looking at the store then talking then repeating the process. The officer then concluded that they might be casing the place. The officer then stopped terry and patted them down, the officer found a concealed gun in the outer coat pocket of Chilton. The Supreme Court ruled the search legal because the officer has enough probable cause for the search. The fact of the case was all based upon the fourth amendment which the court ruled the search was legal. Since the pat down was of the outer most clothing and not a specific area.
When I first discovered that I wanted to attend college I had no idea what field I wanted to be a part of.
After sitting down and writing out all my options and what would be the best choice for me I decided on criminal justice. Everyone tries to tell you the medical field will always be there which it will, but for me working with sick people all day wasn’t going to be my thing. I first looked up different colleges to see who had a criminal justice program. All of the schools I looked up had programs but they were very time consuming and drawn out way to long. I found Carrington College had an accelerated program which for me sounded great. I called scheduled an appointment then went to meet with some at the Carrington college campus in Emeryville. I was amazed at how small it was and very intrigued by how much fun the class looked. I had no plans on signing up that day but, the person showing me around said sign here and here and you will start next week. That was the best tactic for me to get into school because if I hadn’t signed up that day who knows if I would have come back to fill out those
papers. My first day of class I met my instructor and classmates. It was all a little sketchy and strange, but the teacher ended up being a pretty down to earth guy. Not to mention he was a lieutenant at Pleasanton Police Department. Honestly at first I was like oh crap this guy is a cop, in the end he was just a normal guy. Attending college was the first time I had felt like I was actually doing something to help my future. The first class we dove into was Organized Crime which is one of my favorites by the way. Now everyone knows about the mafia being part of organized crime but I never knew it involved terrorism, cartels and small militia groups. The class explained how every crime syndicate has a structure even if loosely based. The most interesting fact is the way that all of the organized crime groups depend on drugs for their main source of income even terrorist groups. The things in that book really blew my mind I couldn’t believe that I knew so little about the world of organized crime. During the first month of school I was really excited I mean learning new things meeting new friends. Not to mention how different college was than high school. I remember meeting the student success center teacher her name was Shannon Kent. She really made everyone feel at home and was very helpful during the whole process of transitioning into the college life. And she definitely would push you to do your best or don’t waste her time. I would say that’s something that sticks with me even today. After finishing the organized crime part of my learnings we then moved on to Report Writing. I and all of my classmates thought that this would be the easiest class to pass since it was just writing down basic information into boxes. Then that’s when our instructor informed us that at his current job at the Pleasanton Police Department all he does is read reports and approve them. We started off with the basics and learning to fill in the specifics of everything on that sheet of paper. Everything from location of the incident down to the description of the scene. By far this turned out to be the hardest class of all for me to get through. We learned the major points about taking accurate information and being beyond detailed about your experience and what you may encounter. We often ran scenarios with the staff of incidents everything from a drunk person to stolen items inside the building. This was by far the first time I had an interactive learning experience. Most people think that when trying to become a police officer you need to just learn how to shoot a gun and arrest people, but that class taught me you have to have just as much brains then you do muscle in order to be in the criminal justice field. And I never knew police reports had to be written in all capital letters. He would read our reports make corrections and tell us he wouldn’t be able to accept that in real life. I have to say that was the best eye opening class I have taken while spending my time at Carrington College. My whole college experience with Carrington and criminal justice has been one for the record books I am sure of it. I now will have a degree that allows me to start the direction in my life where I want to go. I must say Carrington College had a couple crazy methods but overall it was really a cool place to come and learn. Everything was very interactive you actually knew people’s names and they knew yours. And the criminal justice class really opened my up to discovering how much law there is in this world. Just because you know a couple things about the law doesn’t mean that you know them all. We didn’t learn anything that didn’t pertain to our field of study. Most places teach you things that have nothing to do with your future career, but I must say everything was a big help in this class. Choosing to attend Carrington College ended up being the best choice for me and my future.
One thing I have to say about college that should be mentioned is what it takes to actually get past day to day life while attending college. No ever tells the fact that just because you are trying to improve your life doesn’t mean that the rest of your life stops. I think I have had some of the most difficult times in life while attending college and trying to do better. You are committed to learning and have a set schedule but life still will throw things at you. At times it was hard for me to even get past my normal day to day life, then to come to school and try learn for a certain number of hours or do homework was truly difficult. But that is part of life, sometimes when you are down in the dumps you have to keep trying even when you have nothing left to try for.
My plan after I get done with Carrington college is to be a police officer. For a number of years I have always thought about starting a career being a police officer, and now that it is finally within reach. Hopefully with hard work I can move up the ladder and become a police chief one day.
Reference
(Miranda v. Arizona | Casebriefs. (n.d.). Retrieved from http://www.casebriefs.com/blog/law/criminal-procedure/criminal-procedure-keyed-to-saltzburg/self-incrimination-and-confessions/miranda-v-arizona-3/, n.d.)
U.S. Constitution/amendment 4 - FindLaw. (n.d.). Retrieved fromhttp://constitution.findlaw.com/
U.S. Constitution/amendment 5 - FindLaw. (n.d.). Retrieved from http://constitution.findlaw.com/ U.S. Constitution/amendment 6 - FindLaw. (n.d.). Retrieved from http://constitution.findlaw.com/ What is the Constitution? (2010, May 23). Retrieved from http://www.carrollstandard.com/politics/opinion/commentary/8592-what-is-the-constitution.html
law on those who wield political power including the government. Without such law, Americans would be under the constant threat or tyranny.”( What is the Constitution? (2010, May 23). The Constitution was signed September 17, 1787. It is the written document which established the U.S. federal government and put certain powers and left the rest of the states. The Constitution gave America a basis of laws and rights, Towards the end of the Constitution there was a system of checks and balances on the powers of the government that they formed. This allows the Constitution to be amended by a supermajority vote by either two thirds of the Senate and House of Representatives followed by approval of three quarters of the state. Or by a proposal made at a convention requested by two thirds of the state followed by the approval of three quarters of the state. This system is set in place to make sure no government branch becomes too strong.(whitehouse.gov) There are three branches of government, the executive branch that is headed by the president of the United States, who also acts as the head of state in diplomatic relations and as commander in chief of all U.S. branches of the armed forces. The president has the power to either pass or Vito bills that Congress comes up with, congress still can override the president’s decision but it would take two-thirds vote from both houses. The vice president is also part of the executive branch if anything should happen to the president he would be the next in line to take over the presidency. “The vice president also serves as the president of the United States Senate, where he or she casts the deciding vote in the case of a tie. Except in the case of tiebreaking votes, the Vice President rarely actually presides over the Senate.”(Whitehouse.gov)
The second branch of government is the legislative branch, which was established by the first article of the Constitution. The legislative branch is headed by Congress which includes the House of Representatives and the Senate. “The House of Representatives is made up of 435 elected members, divided among the 50 states in proportion to their total population.”(whitehouse.gov)The main task of these two bodies is to make laws. This includes passing laws, originating spending bills (house), impeaching officials (Senate), and approving treaties (Senate).
The third branch is the judicial branch which was created by the third article and is headed by the Supreme Court.
Its powers include interpreting the Constitution, reviewing laws. And deciding cases involving states’ rights. The judicial branch really up holds the 4th amendment which prohibits unreasonable searches and seizures and requires any warrant to be judicially sanctioned and supported by probable cause.also the 5th amendment No person shall be held to answer for a capital, or otherwise infamous crime, unless on a presentment or indictment of a Grand Jury, except in cases arising in the land or naval forces, or in the Militia, when in actual service in time of War or public danger; nor shall any person be subject for the same offence to be twice put in jeopardy of life or limb; nor shall be compelled in any criminal case to be a witness against himself, nor be deprived of life, liberty, or property, without due process of law; nor shall private property be taken for public use, without just compensation. (constitution.findlaw.com/amendment5),and the 6th amendments which explains In all criminal prosecutions, the accused shall enjoy the right to a speedy and public trial, by an impartial jury of the State and district wherein the crime shall have been committed, which district shall have been previously ascertained by law, and to be informed of the nature and cause of the accusation; to be confronted with the witnesses against him; to have compulsory process for …show more content…
obtaining witnesses in his favor, and to have the Assistance of Counsel for his defense.(constitution.findlaw.com/amendment6) There are two forms of court systems in America. The federal court system and the state courts system. State and local courts are established by a state (within states there are also local courts that are established by cities, counties, and other municipalities, which are including in the general discussion of state courts.) Federal courts are established under the U.S. Constitution to decide disputes involving the Constitution and laws passed by Congress.
There are many significant cases that impacted the criminal justice system and the rights of all people.
One of the most famous cases is Miranda v. Arizona in 1966, this is where “Miranda Rights” came from. The Supreme Court threw out the charges against Ernesto Miranda, who was interrogated by Arizona police for the rape and kidnapping of a woman. The supreme court ruling changed the process of police nterrogation. The right to have an attorney present and to have one appointed by the courts on the defendant’s behalf. Suspects are also warned that any statements they make can be used against them by law enforcement. This one case changed interrogation tactics and what information could and can not be used in court.( Miranda v. Arizona | Casebriefs.com) Another landmark case that changed the criminal justice system is Terry v. Ohio in 1968. This case was based upon the right for someone to be stopped and frisked. The officer observed three men looking very suspicious outside of a store. They would walk up and down the same street looking at the store then talking then repeating the process. The officer then concluded that they might be casing the place. The officer then stopped terry and patted them down, the officer found a concealed gun in the outer coat pocket of Chilton. The Supreme Court ruled the search legal because the officer has enough probable cause for the search. The fact of the case was all based upon the fourth amendment which the court ruled the search was legal. Since the pat down was of the outer most clothing and not a specific area.
When I first discovered that I wanted to attend college I had no idea what field I wanted to be a part of.
After sitting down and writing out all my options and what would be the best choice for me I decided on criminal justice. Everyone tries to tell you the medical field will always be there which it will, but for me working with sick people all day wasn’t going to be my thing. I first looked up different colleges to see who had a criminal justice program. All of the schools I looked up had programs but they were very time consuming and drawn out way to long. I found Carrington College had an accelerated program which for me sounded great. I called scheduled an appointment then went to meet with some at the Carrington college campus in Emeryville. I was amazed at how small it was and very intrigued by how much fun the class looked. I had no plans on signing up that day but, the person showing me around said sign here and here and you will start next week. That was the best tactic for me to get into school because if I hadn’t signed up that day who knows if I would have come back to fill out those
papers. My first day of class I met my instructor and classmates. It was all a little sketchy and strange, but the teacher ended up being a pretty down to earth guy. Not to mention he was a lieutenant at Pleasanton Police Department. Honestly at first I was like oh crap this guy is a cop, in the end he was just a normal guy. Attending college was the first time I had felt like I was actually doing something to help my future. The first class we dove into was Organized Crime which is one of my favorites by the way. Now everyone knows about the mafia being part of organized crime but I never knew it involved terrorism, cartels and small militia groups. The class explained how every crime syndicate has a structure even if loosely based. The most interesting fact is the way that all of the organized crime groups depend on drugs for their main source of income even terrorist groups. The things in that book really blew my mind I couldn’t believe that I knew so little about the world of organized crime. During the first month of school I was really excited I mean learning new things meeting new friends. Not to mention how different college was than high school. I remember meeting the student success center teacher her name was Shannon Kent. She really made everyone feel at home and was very helpful during the whole process of transitioning into the college life. And she definitely would push you to do your best or don’t waste her time. I would say that’s something that sticks with me even today. After finishing the organized crime part of my learnings we then moved on to Report Writing. I and all of my classmates thought that this would be the easiest class to pass since it was just writing down basic information into boxes. Then that’s when our instructor informed us that at his current job at the Pleasanton Police Department all he does is read reports and approve them. We started off with the basics and learning to fill in the specifics of everything on that sheet of paper. Everything from location of the incident down to the description of the scene. By far this turned out to be the hardest class of all for me to get through. We learned the major points about taking accurate information and being beyond detailed about your experience and what you may encounter. We often ran scenarios with the staff of incidents everything from a drunk person to stolen items inside the building. This was by far the first time I had an interactive learning experience. Most people think that when trying to become a police officer you need to just learn how to shoot a gun and arrest people, but that class taught me you have to have just as much brains then you do muscle in order to be in the criminal justice field. And I never knew police reports had to be written in all capital letters. He would read our reports make corrections and tell us he wouldn’t be able to accept that in real life. I have to say that was the best eye opening class I have taken while spending my time at Carrington College. My whole college experience with Carrington and criminal justice has been one for the record books I am sure of it. I now will have a degree that allows me to start the direction in my life where I want to go. I must say Carrington College had a couple crazy methods but overall it was really a cool place to come and learn. Everything was very interactive you actually knew people’s names and they knew yours. And the criminal justice class really opened my up to discovering how much law there is in this world. Just because you know a couple things about the law doesn’t mean that you know them all. We didn’t learn anything that didn’t pertain to our field of study. Most places teach you things that have nothing to do with your future career, but I must say everything was a big help in this class. Choosing to attend Carrington College ended up being the best choice for me and my future.
One thing I have to say about college that should be mentioned is what it takes to actually get past day to day life while attending college. No ever tells the fact that just because you are trying to improve your life doesn’t mean that the rest of your life stops. I think I have had some of the most difficult times in life while attending college and trying to do better. You are committed to learning and have a set schedule but life still will throw things at you. At times it was hard for me to even get past my normal day to day life, then to come to school and try learn for a certain number of hours or do homework was truly difficult. But that is part of life, sometimes when you are down in the dumps you have to keep trying even when you have nothing left to try for.
My plan after I get done with Carrington college is to be a police officer. For a number of years I have always thought about starting a career being a police officer, and now that it is finally within reach. Hopefully with hard work I can move up the ladder and become a police chief one day.
Reference
(Miranda v. Arizona | Casebriefs. (n.d.). Retrieved from http://www.casebriefs.com/blog/law/criminal-procedure/criminal-procedure-keyed-to-saltzburg/self-incrimination-and-confessions/miranda-v-arizona-3/, n.d.)
U.S. Constitution/amendment 4 - FindLaw. (n.d.). Retrieved fromhttp://constitution.findlaw.com/
U.S. Constitution/amendment 5 - FindLaw. (n.d.). Retrieved from http://constitution.findlaw.com/ U.S. Constitution/amendment 6 - FindLaw. (n.d.). Retrieved from http://constitution.findlaw.com/ What is the Constitution? (2010, May 23). Retrieved from http://www.carrollstandard.com/politics/opinion/commentary/8592-what-is-the-constitution.html