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Procedural Law and the Bill of Rights (Essay Sample)

Assignment 1: Procedural Law and the Bill of Rights Due Week 4 and worth 200 points The Bill of Rights finds its roots in documents such as the British Magna Carta of 1215 AD. It was one of the first documents that provided the common man independence from a monarch. It did imply that the federal government's law dominated all others; however, it gave each state control of any laws outside of those reserved to the federal government. The Bill of Rights acts as a blueprint that every individual state uses to protect the rights of individual citizens. In this assignment, you will utilize the various concepts found in the Bill of Rights to provide the foundation of the various sections of the question. Write a four to six (4-6) page paper in which you: Compare and contrast two (2) of the sources of rights and fundamental principles found in the United States' legal system as outlined by the text. Critically analyze and discuss two (2) steps of the criminal justice process from arrest to imprisonment. Identify and discuss the particular amendment related to arrest, search and seizures. Compare and contrast the concepts of probable cause and reasonable suspicion. In your own words, explain how they are similar or different. Examine and discuss the two (2) examples in which the exclusionary rule may not apply. Identify and discuss one (1) contemporary issue or case law related to the use of force. Use at least four (4) quality references. Note: Wikipedia and other Websites do not qualify as academic resources. Your assignment must follow these formatting requirements: Be typed, double spaced, using Times New Roman font (size 12), with one-inch margins on all sides; citations and references must follow APA or school-specific format. Check with your professor for any additional instructions. Include a cover page containing the title of the assignment, the student's name, the professor's name, the course title, and the date. The cover page and the reference page are not included in the required assignment page length. source..
Assignment 1: Procedural Law and the Bill of Rights Name Institution Date Sources of rights and fundamental principles found in the U.S. legal system The U.S. constitution is the supreme law of the land in the US and the document guarantees basic rights to citizens (Del Carmen & Hemmens, 2013). The fundamental rights are represented in the various Amendments of the Constitution, while each state has its own constitution. The dual court system represents the courts at the federal and state level, while governments at the two states are sovereign. The Bill of Rights in the U.S. Constitution in turn protects the fundamental rights and freedoms. As such, constitutional law is the main source of rights and fundamental rights in the US. The bill of rights contains ten Amendments, which protect the civil rights and liberties, which cannot be taken away. Even as the states have their bill of rights that protect the people from the actions of the state government, they must be consistent with the Federal Constitution. Statutory law is another source of rights and fundamental principles, and the laws are passed by Congress or the state legislatures. Statutory law may cover the same rights guaranteed by the US Constitution, but tend to be more detailed. For instance, the US Constitution covers the right to counsel during trial, but then laws made at the federal or state level then determine the extent to which certain actions are binding during trials. If statutory law or the state bill of rights is inconsistent with the US Constitution then the US Constitution prevails (Del Carmen & Hemmens, 2013). Similarly, if the statutory law offers less protection than the US Constitution then such limitations are unconstitutional. Two (2) steps of the criminal justice process In the criminal justice system, if the police have probable cause to arrest suspects in an investigation they will carry out an arrest. The suspects are only held in police custody before the court proceedings begin. The probable cause is considered when making arrests when the suspect is linked to a criminal activity. As such, the police make arrests and deprive the person their liberty when they have probable cause, arrest warrant or in cases where they have observed crime. Suspects who are no longer linked to the crime are let go and cannot be arrested unless there is new evidence linking them to the crime. Another step in the criminal justice process before imprisonment is prosecution, and this comes ...
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