The Fourth Fifth and Sixth Amendments to the US Constitution - Essay Example

? Amendments The fourth, fifth and sixth amendments to the constitution of the US were adopted as part of the bill of rights. These amendments guarantee American citizens certain rights when they are arrested, taken to court, and during the judicial process. Constitutional safeguards provided by the 4th, 5th, and 6th Amendments The fourth, fifth and sixth amendments to the US constitution outline various constitutional safeguards that American citizens enjoy in both juvenile and adult court proceedings. The amendments focus on certain safeguards such as a speedy trial, the accused person’s right to counsel, the Miranda Warnings, the exclusionary rule among others as well as exerting a significant impact on the day to day judicial processes in both juvenile and adult courts (David Andrew Schultz 2009). Prior to these amendments, some states had already made their own ratifications of the constitutional contingents, which prompted the need to limit the powers of the federal government with regard to investigation, prosecution and punishment of crime (Calvin, 2009). The original constitution offered very little provisions touching on criminal processes (Calvin, 2009). A majority of the constitutional amendments were mainly focused on addressing issues relating to criminal processes. Fifteen of the twenty six rights contained in the first eight amendments to the constitution focus mainly on addressing the criminal and judicial processes. These amendments were created based on a perspective that emerged in the late 18th century about individual rights. Initially, the amendments were meant to only be applicable to the federal government, but with time, states started adopting most of the provisions in the amendments (David & James, 2008). In order to fully understand the impact of these amendments on the judicial processes in both juvenile and adult courts, it is important to first and foremost understand the phrase “principles of due process” as used in the 5th amendment (John, 2006). Due process of law implies that all laws be applied equally and fairly to all American citizens, and most importantly those suspected to have committed crimes. The fourth amendment protects citizens from unreasonable seizures and searches of their houses, and their property (John, 2006). This amendment limits the powers of the central government when conducting criminal investigations. The government cannot unlawfully enter a suspect’s house or any of his or her property, papers among other things to look for evidence. Search warranties supported by affirmation or Oath have to be issued so as to enable the police to conduct searches. Interpretations of the amendment by the Supreme Court restricted police searches and seizures only to the suspect’s bodies and clothes, the things they have in plain sight, the places or things that the accused is in control or which he could reach and property where the police strongly suspect that a person could be in danger (Calvin, 2009). This amendment had a great impact on criminal proceedings. It restricted the powers of the government in investigating crimes (Calvin, 2009). The amendment made it unlawful for the federal police to break in to suspect’s houses with the intention of searching and seizing some of the property purported to provide evidence of a crime. The police need to follow certain procedures, including obtaining a search warrants so as to be able to conduct houses and properties belonging to criminal suspects. The Fifth Amendment protects individuals from ‘double jeopardy’ (Calvin, 2009). This refers to the process of initiating a second trial for a person suspected to have committed the same crime. This amendment requires that before a person is any serious criminal offence, there must be a thorough investigation by the jury linking him to the offense. This amendment also gives the defendant in a court process the right not to testify against himself, commonly known as the right to remain silent. The main intention of the right to remain silent is to prevent involuntary confessions by the defendant, or those forced on him or her from police pressure. The Miranda Vs Arizona case in 1966 provides a high profile case example where the defendant’s right to remain silent was applied (David & James, 2008). The case required that suspects arrested for a criminal offense must be advised about their right to remain silent as well as having their counsel present during the proceedings. This led to a requirement by all police department to issue warnings to suspects about their right to remain silent when they arrest them. These warnings are popularly known as the “Miranda Warnings” or simply the “Miranda Rights” of the suspected offender. Another very important principle relating to both the fourth and the Fifth Amendment is the exclusionary rule (David & James, 2008). This rule holds that any evidence collected illegally cannot be used in a court of law against the accused. This had a lot of impact on the criminal process as a whole. It requires the police to conduct their investigations within the law as well as issuing the Miranda warnings to individuals when arresting them. The sixth amendment safeguards an individual’s rights relating to criminal prosecutions (David & James, 2008). Among the rights granted by this amendment include the right to a speedy and public trial which is to be conducted by an impartial; jury from the state where the crime is suspected to have been committed. The suspect has the right to be informed about the nature and cause of the crime of offense he or she is being accused of, the right to have his own witnesses, and the right to receive assistance of a counsel. All the seven rights provided by this amendment are applicable in all criminal prosecutions. The right to a speedy trail complies with the three basic demands that the criminal justice system is meant to address. The criminal justice system is meant to prevent oppressive and undue incarceration of an individual before a trial is made, to minimize anxiety caused from public accusations and limiting the possibility that delaying the process may impair the suspect’s ability to defend himself in court, and therefore resulting to an unfair trial. The sixth amendment also guarantees the defendant a right to public trial. This means that members of the public interested in the case should be allowed to follow the proceedings whenever they want. This right protects the accused individual from a private criminal proceeding which may be likely unfair due to a possible abuse of judicial power. Inviting the public to participate in the case ensures a fair trial for the defendant. The defendant is also granted the right to a jury trial by the sixth amendment. Having a jury trial is meant to limit government oppression in the case because it enables the accused to be tired by a jury made up of his peers. This protects the defendant from biasness that may come from the government prosecutor or the judge in the ruling. The sixth amendment also gives the defendant the right to be informed about the nature and cause of the offense he or she is being accused of. The defendant has the right to a fair degree of the specifics of the accusations against him. This means that the case has to be conducted in a language in which the defendant understands, and in which he or she can respond to the charges levied against him. As part of this amendment, the defendant has the right to be confronted by the opposing witnesses during a trial. This enables the defendant to cross examine the evidence brought against him during the trial process. The defendant is also granted the right to obtain his favorable witnesses to help support his claims in the court. Finally, the sixth amendment also grants the respondent the right to have assistance from a counsel for his defense. This right allows the defendant to be represented in the trial by a private counsel to help him in his defense. The safeguards provided by the fourth, fifth and sixth amendments apply to all criminal proceedings in both juvenile and adult courts. These amendments have had a great impact on the judicial process in both courts as well as affecting the manner in which investigations are conducted by the police. The amendments give the accused individual more rights and limit the authority of the government in criminal processes. References Calvin C. J. (2009). American Government: Political Development and Institutional Change (5th ed.). New York: Taylor and Francis. David, A. S. (2009). Encyclopedia of the United States Constitution. New York: Infobase Publishing. David J. B and James W. E. (2008). The Bill of Rights in modern America. Indiana: University Press. John G. C. (2006). Criminal procedures: Constitutional Rights of the Accused. New Jersey: Wiley and Sons. Read More