The Eighth Amendment And The Fifth Amendment - 1206 Words

presentment and have been indicted by a Grand Jury. This allows for people to â€Å"plead the 5th† in court. The text of the Sixth Amendment states that in all and any criminal prosecutions, the accused will be given the right to a public and speedy trial, by an impartial jury of the district and state where the crime took place. The Seventh Amendment gives an individual a right to have a trial by jury instead of judge to some civil cases. The Supreme Court ruled in Justices v. Murray, 76 U.S. 9 Wall. 274 274 (1869), that the Seventh Amendment is not only limited in being applied to civil lawsuits that are tried before juries found in United States courts, but is also applicable in cases that are tried before a jury when at a state court. The†¦show more content†¦Ã¢â‚¬Å"I like to tell young people when you have an interaction with a police officer that does not know you, you talk to them like you have some sense. If you try to oppose them, you create an environment th at is hostile†¦ But you do have rights. If they ever ask you if they can search you, your answer is no. Because by saying yes you are giving them consent to a search,† says Juvenile Court Counselor Karl Johnson (Karl). In addition, you have particular rights when walking on the sidewalk compared to driving or even being a passenger in a vehicle. â€Å"Police can ask people on the street any question they want. But unless the person is driving or biking, under investigation for a crime or suspected of committing another offense, such as being drunk in public, that person is not required to show ID, or answer the questions.† (CBC). Police officers can only stop and detain you if they have probable cause that you are about to, or have committed a crime. The suspicion must be based on specific and articulable facts and not merely upon an officer s hunch. â€Å"[I]n justifying the particular intrusion the police officer must be able to point to specific and articulable facts which, taken together with rational inferences from those facts, reasonably warrant the intrusion. (Wiki). If theShow MoreRelatedGovernment Enforcement, Crime And The American Population Essay1139 Words   |  5 Pagesoften creating controversy between the public and the police. Under democratically-inspired legal restraints, notably the Bill of Rights, the Fourth, Fifth, Sixth, Eighth, and Fourteenth Amendments to the United States Constitution ensure the personal rights and freedoms of American citizens against certain police-related matters. The Fourth Amendment to the United States Constitution addresses the concept of unreasonable search and seizure, based on archives of the Constitution published by the WhiteRead MoreEssay on Law Enforcement and the Rights of the Accused1440 Words   |  6 PagesEnforcement and the Rights of the Accused â€Æ' Law Enforcement and the Rights of the Accused In this paper, I will discuss Amendments VI, V, VI and VIII which give rights to the accused. I will also examine how these rights affect law enforcement procedures. I will then give details on which law enforcement agencies each amendment affects and how. Amendment VI gives the people the right against unreasonable search and seizure. It also states that a warrant has to be signed by a judge andRead MoreEssay On The Death Penalty1641 Words   |  7 Pagesdiscussed by University professor Joseph Blocher in â€Å"The Death Penalty and the Fifth Amendment. Blocher claims that the fifth amendment is a weak argument for the death penalty. He points out how in the founding fathers era, the fifth amendment may have been acceptable, but it is no longer permissible. The eighth amendment also comes into question of the constitutionality of the death penalty. The article Eighth Amendment -- Death Penalty -- Preliminary Injunctions -- Glossip V. Gross, discussesRead MoreThe Bill of Rights: The Most Important Documents in American History1579 Words   |  6 PagesRights into the Constitution, Congress did not approve the inclusion of twelve Amendments, or Twelve Articles, until September 25, 1789 (History of the Bill of Rights, 2012). While th e first two amendments were rejected, the first ten Amendments of the Constitution make of the United States Bill of Rights. The Bill of Rights was formally ratified on December 15, 1791 (Independence Hall Association, 2012). The First Amendment protects an individuals freedom of speech and assembly and states, CongressRead MoreThe United States Constitution And The Criminal Justice System1231 Words   |  5 Pagesto be smoother and make sure they are being treated fairly. I will cover the impact of the United States Constitution for the offender in the criminal justice system. This will include the fourth, fifth, sixth, eighth, and fourteenth amendments as well as due process for offenders. The fourth amendment is, â€Å"The portion of the Bill of Rights that generally requires warrants for searches and seizures but has been construed to permit warrantless arrests in most situations.† (Ingram, 2009, P.500) ThisRead MoreBill of Rights Essay1647 Words   |  7 Pages Brant gives a summary of how these amendments proposed by James Madison, would be added quickly to the Constitution: The first ten amendments were added to the Constitution of the United States in a period of uneasy calm. The Americans who were most apprehensive over that untried document, because its guarantees of liberty did not go far enough, included a great many who wanted to cut down its grants of legislative and executive power. But the amendments were drafted and submitted to the nationRead More The patriot act Essay710 Words   |  3 Pagesthis is an attack on the first amendment, which is freedom of religion, speech, assembly and freedom of the press. The bill has also expanded the powers of law enforcement agencies(police, FBI, CIA, NSA). Law enforcement agents now have the ability to conduct secret searches, place telephone and internet surveillance, and can access personal medical, financial, and student records with minimal judicial oversight. Many feel that this is an attack on the fourth amendment which is freedom from unreasonableRead MoreThe Death Penalty : Is It Constitutional Or Moral? Essay1559 Words   |  7 PagesGreat Britain. Therefore, the framers of the constitution Dyess 2 created rights to protect Americans from wrongful death, improper trails, and unusual punishments. The death penalty is a violation of an American’s 5th, 8th, and 14th amendments. The Fifth Amendment to the U.S. Constitution states, 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 militiaRead MoreThe Constitution Of The United States1552 Words   |  7 Pagescountry for over 200 years. The Bill of Rights, also known has the first Ten Amendments of the Constitution, has protected the unalienable rights of citizens in the United State. Selective incorporation was used in order to nationalize the Bill of Rights and protect the immunities, rights, and privileges of all United States citizens within the states. The success of Selective Incorporation, along with the 14th Amendment, ensured that states could not put in place any laws that took away the constitutionalRead MoreThe Importance Of Government Transparency And Accountability1628 Words   |  7 Pagesis important to note the importance of government transparency and accountability throughout this paper. Under the fourth amendment there are three provisions that needs to be discussed. Two of these provisions: No improper searches and seizures, and Evidence obtained by illegal search not admissible during trial. In 1990, the Supreme Court summarized the Fourth Amendment brilliantly and succinctly: â€Å" A search compromises the individual interest in privacy; a seizure deprives the individual of