The Bill of Rights Importance in the Justice System - Essay Example

The presumption has been interpreted by several court rulings as implied in the Eighth and Fifth Amendments. It has become a fundamental right that is universally recognized by the courts and the 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 the 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).

‘Miranda's Rights’ are covered by the Fifth Amendment. The Eighth Amendment prohibits courts from 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. Furthermore, it assures that defendants can confront, ‘cross-examine,’ any witnesses brought by the prosecutor against them and have adequate legal representation to defend their case (U.S. Department of State, 2001). Until relatively recently, the Sixth Amendment was interpreted to mean the defendant had the right to an attorney of their choice but not to be appointed one if they could not afford it.

Today, the courts interpret this Sixth Amendment right to include appointing an attorney for defendants that can’t pay for one. Before 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 an 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 protection. 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 guarantees free speech, freedom of the press, and religion. The role of the media is critical to the preservation of freedom itself. The Constitutional right to freedom of expression and of the press includes the un-infringed right to investigate and publicly announce information or to espouse opinion. Without the press and the constitutionally guaranteed freedom it enjoys in this nation, democracy could not endure. If they were to overstep their powers, the American citizens would not know if it were not dedicated journalists who consider it their patriotic duty to guard the interests of the public. The Second Amendment guarantees the right to keep and bear arms.

The majority of the nation believes the Founders installed the right to own arms so citizens would have the ability to protect themselves from that which might endanger their life, liberty, or pursuit of happiness. This could include bodily protection from persons and animals or from an oppressive government that threatened the freedoms outlined in the Constitution. This is an ongoing debate in this nation. Political ideologies can never die and in politically turbulent times, such as these, are very much alive. Gun ownership ranks high among these political ideologies and attempts to ban all guns make these feelings even stronger. The Fourteenth Amendment strengthened the Fifth Amendment due process clause and refers to all people born in the U.S., that they are citizens and have Constitutional rights. Both the immigration and abortion debates refer to this amendment. Advocates for legal abortions point to this Amendment to show the born have rights the unborn do not have and that to infringe upon the rights of the born in favor of the unborn would be unconstitutional. In other words, this amendment demonstrates the clear intent for abortions to be legal. Read More