Amendments And Evidence Of A Criminal Trial Essay

Amendments And Evidence Of A Criminal Trial Essay

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Amendments and Evidence in a Criminal Trial
The purpose of the Bill of Rights was to guarantee the citizens their individual rights under the Constitution. The first 10 Amendments to the Constitution are known as the Bill of Rights. With governments having the tendency to infringe on the rights of its citizens, the men involved in writing the Constitution felt the need to explicitly state these rights. In doing so, the federal government could not arbitrarily exscind them. The Bill of Rights establishes many of the civil and political rights enjoyed by citizens in the United States, including the right to due process of law, unreasonable searches and seizures, one shall not be compelled to self-incriminate, and double jeopardy. The Bill of Rights states what the government can and cannot do, and asserts the rights of the people, with which no law or government action should interfere (Bodenhamer, 2011).
The Fourth Amendment
The right of the people to be secure in their persons, houses, papers, and effects, against unreasonable searches and seizures, shall not be violated, and no warrants shall be issued but without probable cause, supported by oath or affirmation, and particularly describing the place to be searched, and the persons or things to be seized (Bodenhamer, 2011).
There have been several landmark cases surrounding the Fourth Amendment. In the case of Weeks v. United States (1914), a unanimous decision by the courts ruled that the warrantless seizure of items from a private residence constitutes a direct violation of the Fourth Amendment. Prior to this ruling there had been a long-standing practice of the federal courts accepting illegally gathered evidence in court. The theory was that justice was more important t...


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... are and the nature of the charges and evidence against you. It has been most visibly tested in a series of cases involving terrorism, but much more often figures in cases that involve (for example) jury selection or the protection of witnesses, including victims of sex crimes as well as witnesses in need of protection from retaliation (LII, 2015).
Although the Sixth Amendment has many fascists to it, I found the Compulsory Process Clause to be intriguing for both the prosecution and defense. Both sides may gain an advantage with this clause.
The defense has the right to call witnesses on his behalf and if that witness refuses to testify, they may be compelled to. In the same breath, if the defense fails to notify the prosecution of a witness during discovery, to try and gain an advantage, the court can refuse to allow the witness from testifying.









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