Defendant Protections - Assignment Example

Defendants Protections Defendants Protections Defendants whether guilty or not have got legal protection that uphold their basic human rights. The justice system would be characterized by a lot of brutality and inhuman treatment had some of the legal protections not been put in place. The legal protections enjoyed by defendants have been elaborately outlined in the fourth, fifth, sixth and eighth amendments. The fourth amendment ensures that arrests are made by arresting officers through warrants.

The court though executing its functions tries to balance the justice aspect and also the privacy of the defendants (Wei, 2001). However, this has presented a major challenge as time to initiate arrest warrants can lead to dismantling of evidence and even to the extreme; the suspects may disappear as they evade arrest. Before searching for an arrest warrant, a neutral judge should grant the arresting officer permission to arrest the suspect. This move should be backed by adequate evidence of crime that must convince the judge or magistrate in order to issue an arrest warrant.

If the evidence presented by the officer does not convince the judges then arrest warrant is not granted. In general, the fourth amendment deals with the aspect of search arrest and investigation. On to the Fifth Amendment, no defendant is held to answer for any infamous crime including a capital crime unless on indictment or presentment by the grand jury. No person is to be deprived of his liberty, life or property unless under the pronouncement of the law. Private property seized for the use of state must also be duly compensated (Brawell & McCarthy, 2011).

The Fifth Amendment mainly governs pre-arraignment and post-arrest proceedings. The sixth amendment major deals with pre-sentecing and post arraignment proceedings. Under the six amendments the defendant has got the right to not only fair bit also speedy trial. He should be informed of the crime he is accused of and face pronouncements from an impartial jury. There should be a witness against him and should also have a witness in his favour.The defendant have also the right to find a counsel to advise him on relevant legal procedures regarding the case presented against him.

Lastly, the eighth amendment deals with imposition of bails fines, bails and punishment of defendants. A defendant should in no time be subjected to unfair treatment and cruel punishment beyond the offence committed. Excessive bails and fines should not be imposed on defendants outside what is stipulated in the law (Wei, 2001). The magnitude of sentence pronounced upon the defendant draws its directives in the law. The jury is basically guided by what is stipulated in the law procedure and the pronouncement made must have a direct match with the offence committed heavy sentence or a light sentence than the offence committed is against the legal rights of the dependants (Jennings, 2010).

In conclusion, the fourth, fifth, sixth and the eighth amendment basically strive to uphold the legal rights of the defendant. Violation of any of these legal protections infringes the general rights of defendants.However; there are some instances where some of the defendant’s rights may be limited. This has got direct inclination to the nature of offence committed. For example, a defendant that is a threat to national security may have most of his rights limited.ReferencesBraswell, M & McCarthy, B. (2011). Justice, Crime, and Ethics, 7TH.

New York: Anderson. Jennings, M.M. (2010). Business: Its Legal, Ethical, and Global Environment. Carolina: South- Western College.Wei, Z. (2001). Criminal defendant, protection of the rights of victims. New York: Kindle Books.