The Bill of Rights Importance in the Justice System Instructor name Date The foundation of the American criminal justice system is located within the U.S. Constitution, specifically in the Bill of Rights, the first 10 Amendments to the Constitution which guarantees every U.S…
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It has become a fundamental right that is universally recognized by the courts and public alike. Under this presumption, defendants are entitled to a presumption of innocence. Defendants do not have to prove their innocence. The government must establish guilt ‘beyond a reasonable doubt.’ This right and others are outlined in four Amendments, the Fourth which protects against searches and seizures without benefit of a court warrant, in addition to the Fifth, Sixth and Eighth. These aforementioned four Amendments are essential to the U.S. criminal justice system functioning as the framers of the Constitution envisioned it. (Twining v. New Jersey, 1908). The Fifth Amendment guarantees the defendant’s right to ‘due process of law’ and from being subjected to ‘double jeopardy’ or testifying against themselves. Double jeopardy means being put on trial twice for the same offense (U.S. Department of State, 2001). The ‘Miranda Rights’ are covered by the Fifth Amendment. The Eighth Amendment prohibits courts assessing ‘excessive bail’ and implementing ‘cruel and unusual punishments.’ It is the Sixth Amendment that offers the most protection for citizens. Defendants are guaranteed the right to a ‘speedy trial’ and an ‘impartial jury’ by the Sixth Amendment. ...
Today, the courts interpret this Sixth Amendment right to include appointing an attorney for defendants that can’t pay for one. Prior to the Gideon v. Wainwright ruling in 1963, courts had generally understood that legal representation would be appointed in special situations only such as when the defendant was not capable of comprehending the charges brought against them because of a mental deficiency. This was accepted as being fair and just but disregarded the indigent who could not afford legal counsel. Gideon was a compelling affirmation that both groups, those that could not understand the charges and those that did not have the financial means to retain counsel, were at equal disadvantage and that all citizens had a fundamental right to be represented by legal counsel. “The underpinning of Gideon is the notion that a fair trial requires a balance of power, and to the extent that the government spends money in support of the prosecution, it should also spend money on defense” (Black, 1963). The Bill of Rights does not include specific or even ambiguous instructions regarding victim protections. Interestingly, the Sixth Amendment, which outlines the most important rights for the defendant also addresses rights, of sorts, for the victim. Because this Amendment stipulates that the defendant be “confronted with the witnesses against him” (“Bill of Rights”) it allows for victims to confront the person who wronged them. The accused must be able to confront their accuser which cannot happen unless, of course, the victim confronts the accused. Confronting the person who perpetrated the crime is therapeutic for the victim and is a practice that has grown in popularity in recent years. The First Amendment
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(“Constitution Essay Example | Topics and Well Written Essays - 750 words”, n.d.)
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(Constitution Essay Example | Topics and Well Written Essays - 750 Words)
“Constitution Essay Example | Topics and Well Written Essays - 750 Words”, n.d. https://studentshare.org/environmental-studies/1419636-constitution.
Due to these changes in the constitution, democracy was entrenched in the social lives of all America citizens. During this period, democracy led to a political, social and economic equality. However, during this period, slavery was not abolished in United States of America.
The constitution of the United States was written with an aim of protecting U.S citizens from its own government. The constitution also aims to keep the government from having total power over its citizens. Many historical documents and historical papers such as the Federalist papers, the Declaration of Independent and the Article of Confederation among others were influential to the development of the constitution of the United States.
The difficulty is in understanding the constitution (The crisis of 1974-75). Opinions in the legal circles are varied. While certain legal luminaries argue the constitution is adequate in the hands of a responsible leadership, other school of legal thought differ and talk about covering up the inadequacies through proper legislation.
Yet to the degree that the style of the Constitution may seem plain and direct it is manifestly written for a formal audience to be constitutional, while the thought is definitely characteristic of Aristotle's political philosophy. Moreover, it is clear from every indication of historical antiquity that Aristotle's contemporaries in the ancient world accepted his authorship of the Constitution.
Thus the British constitution can be contrasted with other constitutions like the Constitution of the United States of America. (Barendt, 1997) Brazier (2001) has for instance stated that:
"A British citizen has to seek the rules of the constitution in a daunting number of places - legislation, judicial decisions, statements about constitutional conventions, the law and practice of Parliament, European Community law, and so on." (p.3)
And at present, the way Congress spends federal funds, it is going beyond the powers that the Constitution vested it.
In the article of Moore, he claimed that in the earlier days, the federal government only had limited funds and only a number of things to spend on.
This means that these justices determine what will be passed and what will not. The author continues to argue that instead of changing the constitution, the justices force the country to change their behaviours to fit the expected norms of
General welfare has also made its appearance in parts of the constitution of United States such as in the description of the role of the congress on article 1 section 8 of the constitution. In as far as, it is an implied term; it is very notable how its
nstitution aims at providing a better system of governance and provides checks and balances through which they can monitor the performance of the government. It also established three branches of the government (the judiciary, the executive and the legislative arms of
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