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Pages:
8 pages/β‰ˆ2200 words
Sources:
Check Instructions
Style:
APA
Subject:
Law
Type:
Essay
Language:
English (U.S.)
Document:
MS Word
Date:
Total cost:
$ 34.56
Topic:

Constitutional Rights and the Criminal Justice System

Essay Instructions:

Fourth, Fifth, and Sixth Amendment Rights: Byrd v. United States
Case Review: Byrd v. United States, 584 U.S. __ (2018) and Chavez v. Martinez, 538 U.S. 760 (2003).
Introduction
The Fourth Amendment to the U.S. Constitution protects citizens against police officers making unreasonable searches and seizures of personal property. The Fifth and Sixth Amendments guarantee the procedures that the courts and police must use to ensure fair treatment of persons arrested for crimes.
Prepare
Analyze the following cases in preparation for a systematic approach for a synthesis of law and fact.
Review each of the following cases: Byrd v. United States and Chavez v. Martinez.
Instructions
Write an 8–10 page paper in which you do the following:
Prepare a 2–3 page briefing from one of the two cases that you reviewed, in which you utilized the following areas of importance: a) issue presented; b) short answer; c) the facts of the case; d) a summary of the case; and e) a conclusion of the case outcome.
Examine the importance of the Fourth, Fifth, and Sixth Amendments of the U.S. Constitution, and determine which amendment offers the greatest protection for defendants in a typical U.S. court case. Justify the position.
Explore the overall importance of the Fifth Amendment rights. Suggest key events from the Chavez v. Martinez case in which you believe law enforcement had violated the fundamental nature of one's Fifth Amendment right. Justify the response.
Examine three instances in which the Fourth Amendment protects you against unlawful search and seizure. Provide examples of such occurrences to support the response.
Discuss the two-prong test articulated by the court which determines the actual nature of a reasonable expectation of privacy. Justify the validity of the test in the courts holding for the Byrd v. United States case.
Provide your argument in support of or against the courts holding in Bryd that "the mere fact that a driver in lawful possession or control of a rental car is not listed on the rental agreement will not defeat his or her otherwise reasonable expectation of privacy." Justify your response.
Use at least three quality references. Note: Wikipedia and other websites do not qualify as academic resources. Visit the Strayer University Online Library.
This course requires the use of Strayer Writing Standards (SWS). For assistance and information, please refer to the Strayer Writing Standards link in the left-hand menu of your course. Check with your professor for any additional instructions.
The specific course learning outcome associated with this assignment is:
Evaluate the importance of the 4th, 5th, and 6th Amendments in U.S. trials.

Essay Sample Content Preview:

Constitutional Rights and the Criminal Justice System
Student's Name
Institutional Affiliation
Constitutional Rights and the Criminal Justice System
American constitutional rights remain fundamental to the activities of the criminal justice system. The constitution operates to allow rights and liberties to every US citizen. The fundamentals of the Bill of Rights have always encompassed the provision of civil rights and liberties to prospects, including freedom of assembly, religion, right to property, and press. The US has also made every attempt to ensure that the criminal justice system works within the confines of the law. Still, law enforcement officers have been accused of violating the same rights they are supposed to protect. Incidences of violation of individual rights as stipulated in the constitution have consistently attracted debates on what steps should be taken to uphold individual civil rights and liberties. In this analysis, emphasis is anchored on the provisions of the fourth, fifth, and sixth amendments and their applications in the criminal justice system relative to two of the most monumental cases: Byrd v. the United States and Chavez v. Martinez. Understanding the constitutional rights and the limitations of such rights should help in eliminating some of the challenges that citizens face in the course of the law, as demonstrated in Byrd v. the United States and Chavez v. Martinez.
Chavez v. Martinez Case Brief
The Chavez v. Martinez remains a renowned case in the criminal justice system bearing the constitutional and the rule of law concerns that it raised. The briefing of Chavez v. Martinez is as follows.
Issue Presented
Oliverio Martinez (plaintiff) was shot in a struggle with police officers and later interrogated without the Miranda rights warning thereby raising the legality of the police actions. The issue in question in the Chavez v. Martinez was whether the right to be free from coercive questioning is violated when a person's statements are used in a different matter, other than a criminal case, pursuant to the Fifth and Fourteenth Amendments.
Facts of the Case
Martinez was stopped by police officers who were investigating narcotics violations while riding his bicycle home from work. As the officers attempted to handcuff Martinez, a struggle ensued, leading to him being shot. The wound from the gunshot led to him losing his vision and rendered him permanently paralyzed (Waiton, 2019). Martinez later sued the police officers because both the search and the use of excessive force were unconstitutional. During the trial, the defendants introduced a taped confession from the plaintiff. The confession had been taken while Martinez was in the hospital seeking treatment from the gunshot wound. In the tape, Martinez confessed to having grabbed one of the officers' guns amidst the scuffle. Martinez claimed that the tape could not be admissible because he had not been Mirandized at the time of the confession. Both the trial and appellate courts agreed.
Summary and the Conclusion
The United States Supreme Court reversed the judgment holding that the officer was entitled to qualified immunity. The court determined that Martinez's Fifth Amendment rights had not been violated in a div...
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