Discussion of the Conflict of the Right to Same-Sex Marriage and the Bill of Rights - Assignment Example

In a criminal justice system, culture, personal experience, and justice normally have a characteristic relation that draws on each other for implementation. The rule of law provides for the freedoms and privileges of individuals and groups within a society to enjoy their democratic rights as long as their rights do not infringe on the rights of the others. Nevertheless, in the current socio-cultural environment, social justice has come to a crossroad where there is a conflict between individual and traditional rights of society.

   Analysis of the traditional cultural versus the interpersonal interest conflict from the angle of social justice, it is important to understand the implication of same-sex marriage to the society that is opposed to the arrangement. Equally, it would be significant to understand the implication of prohibiting same-sex marriage as it will lead to infringing the rights of the minority in society. In the approach of social justice, Therefore, the main question in the application of the law is whether it is just to protect the minority in the community or to safeguard the rights of the majority in the community.

Discussion 2The fourth, fifth, sixth and eighth amendments of the constitutions are particularly of concern to the criminal justice. Individuals are protected from unreasonable search and seizure of property unless with a warrant for a probable cause according to the fourth amendment. This amendment may hinder the operation of criminal justice. An example when the police suspect that evidence of robbery is hidden in a particular location and could be relocated any time, it would take the police time to process the warrant which might be ready after the relocation.

In the Fifth Amendment, individuals are protected from self-incriminating and double jeopardy. This amendment prevents criminal justice from benefiting from the evidence that a criminal may be willing to present (Deborah, 2013). The sixth amendment requires individual proceeds in a court to be speedy and public trial with a right to an imperial jury. The individual also has the right to know the charges, provide witnesses, cross-examine the government witnesses and counsel. This amendment impacts the court sine the criminal/suspect is granted rights that he/she can use to his/her advantage to win the case.

In the eighth amendment, individuals are protected against excessive fines and bail, and against cruel and unusual punishment. The eighth amendment impacts positively on all part of the criminal justice system as it protects the citizens from harm.