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Constitutional Amendments and the Criminal Justice Process

Essay Instructions:

Week 9 Assignment - Constitutional Amendments and the Criminal Justice Process
Overview
The U.S. Constitution affords citizens various rights and freedoms. These include freedom of religion, freedom from unreasonable search and seizures, and the right to equal justice. As upholders of the Constitution, police officers swear an oath to uphold people’s Constitutional rights as they perform their duties to prevent, reduce, and address criminal activities.
Of the 27 amendments to the U.S. Constitution, four amendments in particular pertain to the criminal justice process:
*The Fourth Amendment prevents unreasonable searches and seizures.
*The Fifth Amendment affords people various rights in criminal and civil proceedings. Examples include the right to a grand jury and due process. It also allows people to protect themselves from self-incrimination, and it prohibits double jeopardy
*The Sixth Amendment guarantees various rights to criminal defendants, such as the right to a speedy trial, a lawyer, and an impartial jury. It also guarantees defendants the right to know who their accusers are and the nature of the charges and evidence against them.
*The Eighth Amendment prohibits the federal government from imposing excessive bail, excessive fines, or cruel and unusual punishments.
In this assignment, you will be asked to:
*Explain the meaning and importance of these four amendments.
*Illustrate with an example how the amendment applies to a player and a step in the criminal justice process.
*Illustrate with an example, from case law or contemporary articles, of how the amendment applies to the particular player and step in the criminal justice process.
Instructions
Use the Constitutional Amendments and Criminal Justice Process Template [DOCX] to:
1.)Provide the text of the Fourth, Fifth, Sixth, and Eighth Amendments, along with your interpretation of them and their importance.
-Note: The Fourth Amendment is completed for you as an example to guide your work on the remaining three amendments. Likewise, be sure to refer to the work you did in this week's discussion on the Fifth and Sixth Amendments as you complete this portion of your assignment.
2.) Illustrate with an example how the amendment applies to a player and a step in the criminal justice process (for example, Fourth Amendment—law enforcement—arrest).
3.)Refer to 3Ps of Criminal Justice document (left-hand menu) as you work on this portion of your assignment.
4.)Illustrate with an example, from case law or contemporary articles, how the amendment applies to the particular player and step in the criminal justice process.
5.) Use three sources to support your writing.

Essay Sample Content Preview:
 
Amendment/Interpretation/Importance
 
Player/Step/Example/
Example from Case Law or Contemporary Article. (This database will help you complete this column: CQ Supreme Court Collection.)
The 5th Amendment states: “No person shall be held to answer for a capital, or otherwise infamous crime, unless on a presentment or indictment of a Grand Jury, except in cases arising in the land or naval forces, or in the Militia, when in actual service in time of War or public danger; nor shall any person be subject for the same offense to be twice put in jeopardy of life or limb; nor shall be compelled in any criminal case to be a witness against himself, nor be deprived of life, liberty, or property, without due process of law; nor shall private property be taken for public use, without just compensation” (1)
This Amendment guarantees people fair prosecution as a legal right. It ensures they understand all the issues and have a chance to defend themselves.
It is crucial for protecting people from fictitious prosecution and being subjected to punishment unjustly.
Police – Miranda warning
After detainment, the police officers read the Miranda warning for traffic offenders to ensure they remain silent to avoid divulging information that might implicate them in any crime. The arrested individual remains calm to avert self-incrimination.
In Arizona V. Mauro, the Arizona supreme court rescinded the sentencing of a man convicted using self-incriminating evidence provided by the police after secretly recording the victim’s conversation with his wife within the Miranda dictates (2). Police were found to have violated this provision because they suspected the accused would divulge information while speaking to his wife.
The 6th Amendment states: “In all criminal prosecutions, the accused shall enjoy the right to a speedy and public trial, by an impartial jury of the State and district wherein the crime shall have been committed, which district shall have been previously ascertained by law, and be informed of the nature and cause of the accusation; to be confronted with the witnesses against him; to have compulsory process for obtaining witnesses in his favor, and to have the Assistance of Counsel for his defense” (1).
This Amendment ensures no impartiality exists during an accused’s trial. It requires comprehensive explanations for the individuals about their right to counsel to prepare their defense by facing the witnesses or bringing theirs.
Its presence eliminates the jury’s impartiality and ensures a person exhausts all their chances of mounting a robust defense.
Police – use of an undercover informant
Law enforcement officers have used police informants placed in remand cells to draw incriminating evidence from arrested individuals. They then present this as part of the prosecuting evidence in a court of law.  
In Kansas V. Ventris, the prosecution used testimony evidence from the accused’s cellmate. The police had strategically placed a fellow officer to retrieve a confession from the accused against the Sixth Amendment (3). Despite early conviction using this evidence for impeachment, a petition at the state court of appeal le...
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