The Fourth Amendment protects the right of the people to be secure in their persons‚ houses‚ papers and effects‚ against unreasonable searches and seizures‚ and provides that no warrants shall issue but upon probable cause supported by oath or affirmation‚ and particularly describing the place to be searched and the persons to be seized. In order to establish probable cause‚ the officer must establish that there is a fair probability that the area to be searched contains evidence
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Constitution and Amendments. It rules how the government should work. It creates the Presidency‚ Congress‚ and the Supreme Court. Each state also has a constitution. The constitutions of the states are their highest law for that state — but the United States Constitution is higher. The Constitution can be changed‚ and it’s changed by an "amendment." Among the amendments is a list of the rights of the people. It is illegal for the government to violate those rights. As of 2006‚ there are 27 amendments. Not all
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Carvajal AIU Online Abstract The sentencing process can be extremely long or short. Regardless of how long the trials come out to be there is still a process that the court must go through. In this report I’m going to talk about the 5th‚ 6th‚ 14th amendments‚ and discuss the 5 philosophies of sentencing. The Process The justice system set a process established by the government in order to control everyday crimes and post penalties to all of those people that break the law. The criminal
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Lester Walker 5th period JROTC Bill of Rights Hi I am Lester Walker and I will be explaining to you which Amendment from the Bill of Rights I think is most important in today’s society. Personally I think Amendment 5 is the most important one because it’s still racism going on throughout the United States and in some places they would seriously punish an African American male or female for small crimes just because of the color of their skin. I think it’s unfair because I thought everyone were
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The 5th Amendment Basically‚ the 5th Amendment states that no one shall be charged with capital crimes without a Grand Jury’s permission‚ except in cases regarding the military while under service in wartime or public danger. No one can be put on trial again for the same crime. You can’t be forced to testify yourself. That no one should be executed‚ jailed‚ or have property seized without a legal precedent. Also you can’t be put through cruel or unusually punishment.
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Main article: Speedy trial Criminal defendants have the right to a speedy trial. In Barker v. Wingo‚ 407 U.S. 514 (1972)‚ the Supreme Court laid down a four-part case-by-case balancing test for determining whether the defendant’s speedy trial right has been violated in the case. The four factors are: Length of delay: A delay of a year or more from the date on which the speedy trial right "attaches" (the date of arrest or indictment‚ whichever first occurs) was termed "presumptively prejudicial
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Amendments The Amendments in the Constitution are very helpful. Each one is useful in making sure everyone is treated fairly and everyone gets rights. The 4th‚ 5th‚ 6th‚ and 8th amendments are the ones I will explain today. They each play a specific role in making sure nobody is treated unfairly. The 4th amendment protects people from the government searching through your things without a reason. For example‚ if somebody was walking down the street with a backpack on and the police walked by and
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It seems hard to pick a favorite amendment out of the first ten. Most of the amendments support each other and work together. While all of the amendments are important‚ the one I feel is the most important of all is our 5th amendment right. Freedom of speech‚ religion‚ and our right to bear arms is a wonderful thing. But sometimes things do not quite work out the way we would like‚ and we find ourselves on the other side of the law‚ namely the wrong side. While is it true that when you are arrested
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Gabrielle Embry Coach Lehman 6th period Report on The Sixth Amendment Criminal Case The Sixth Amendment 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
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propelled by politics. The 5th amendments addition to the constitution in 1870‚ direct disenfranchisement was no longer permitted. Southern whites constructed alternative techniques in order to accomplish their goal— to silence black voices during elections. These methods included literacy test‚ electoral fraud (ballot stuffing)‚ poll taxes‚ the grandfather clause and violence. The Process of Reconstruction lasted from 1863 to 1877. In 1868 the addition of the 14th Amendment granted former slaves their
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