Fourth, Fifth, and Sixth Amendments to the Constitution

891 Words2 Pages
bulb-icon

Recommended: The 4th amendment

CJL 4064 Amendment Project As requested by the committee chair, I have examined the 4th, 5th, and 6th Amendments of our Constitution. It is imperative for the participants of the Constitutional Convention to update, and furthermore, enhance the Bill of Rights. The amendments were created with a valuable perspective on individual rights in the 1700's. Today, in 2010, our country has developed in the use of language, our principles, and our overall society. After close examination of the amendments, it has come to my attention that they no longer read to today's society. Essentially, I would like to continue the amendments using the same guidelines our forefathers used centuries ago, but include new aspects updating the Constitutional Amendments to reflect our current nation. To understand the amendments better, it was apparent that language changes needed to be made. Since the amendments were written centuries ago, the language is very out dated. As our language has evolved, the exact meaning of their words has become more difficult to understand. Bringing the language to date would make the words and concepts used by the founders clearer to modern time, and therefore easier to understand for the society. Since our language has improved since the creation of the US Constitution, current readers are left to interpret the amendments in their own fashion. With an update of the language, clarity is assured for our citizens, and they can therefore have a clear understanding of what they are required to abide by. In regards to the 4th Amendment, it is incredibly important in order to protect the rights of citizens in the United States. Most of us live either in a home or apartment where we have all of our sentim... ... middle of paper ... ...tially incriminating speech. No individual can be held for a capital crime or otherwise infamous crime unless DNA samples have been proven to show without a doubt that the individual was involved in that crime. In addition, no person may be persuaded to testify as a witness against themselves. Once, and if a defendant is acquitted, they may not be retried for the same offense again. 6th Amendment Within the law each accused person is entitled to have a public trial that is impartial. This trial must be where a person will attain a fair trial. In certain cases the trial must be moved from the original state and district because media attention may sway the opinion of the jury. Before any person stands trial they must be allowed time with legal council. This time is allowed so that the accused can obtain any witness's in his favor to help in his defense.

Show More
Related

  • Constitution Dbq

    863 Words  | 2 Pages

    After the American Revolution, America had earned it’s freedom from Britain. In order to govern this new country the Articles of Confederation was created. This document was flawed by the colonists fear of putting too much power into a central government. Knowing the document needed to be fixed a constitutional convention was called. The document created at this convention has been our constitution ever since. But even the Constitution was meet with criticism. One major concern when writing the constitution was how to protect the citizens rights. The Constitution did this through the preamble, the legislative process, the limit of presidential terms, the judicial branch, and the bill of rights.

    Read More

  • The Pros And Cons Of The Fifth Amendment

    903 Words  | 2 Pages

    This is derived from the rights Americans have to not be forced to testify against themselves in a criminal case. But, the Fifth Amendment also protects against double jeopardy and gives people charged with a felony the right to a grand jury indictment (Bohm & Haley, 2011). Double jeopardy basically states that if a conviction or acquittal was reached in a criminal case, the person can no longer be tried again for the same offense (Bohm & Haley, 2011). The procedural rights for self-incrimination are also applied to any custodial situations the police conduct. To ensure that statements, or confessions a suspect makes are allowed in court there is a two-prong tests that should be followed. First, is the person considered to be in a custodial situation and two, are the police intending to ask incriminating questions. If yes is the answers to both then the suspect must be read his or her rights. This is known as giving someone his or her Miranda rights derived from the famous case

    Read More

  • Modern Interpretation of The First Amendment

    1663 Words  | 4 Pages

    A great deal of bills have been written and passed as legislation under the pretense that they would better outline the citizen’ rights and ensure their freedoms. Yet occasionally these laws are created with disregard to what is stated in our Constitution. At times they distort and twist the original meaning of the work, counter acting the purpose of creating the Amendments. The intention of Amendments was to be an outline of the rights of the people. They were to ensure that there would not be a repeat of what the framers had experienced when they set out on their mission to draft a document that would govern our country for years to come. Little by little our elected officials have been discounting our Constitution. There are many resulting repercussions; the most dear to everyone being the individuals rights. The end result of these interpretations being that our people are hurt, as we are slowly being stripped of our rights as U.S. citizens.

    Read More

  • The Right To Privacy By Robert Bork.

    874 Words  | 2 Pages

    " Various guarantees create zones of privacy. The right of association contained in the penumbra of the First Amendment. The Third Amendment in its prohibition against the quartering of soldiers. The Fourth Amendment explicitly affirms 'the right of the people to be secure in their persons, houses, papers, effects, against unreasonable searches and seizures'. The Fifth Amendment in its Self Incrimination Clause.

    Read More

  • 4th Amendment Research Paper

    720 Words  | 2 Pages

    Privacy comes at a cost. It brings people who fight for the people the privacy of others when it is violated together. Cops not being able to search when they seize a cell phone makes them risk their lives because how people these days are, there could be bombs in the phone. Even though this amendment was ratified, people to this day still don’t have privacy they rightfully deserve. This effects me because I’m able to keep special information to myself. Also, if a police pulls over a family member and ask for their phone to investigate without giving a proper reason or having a warrant, that family member could say no. If a police hasn’t given you a good reason to hand something over, you have the right to resist or else the police are being unconstitutional. This amendment gives people the safety to do what they want(that’s legal). It also makes life better, but harder. Life is harder with this amendment because you have to watch out for who you trust that they won’t do anything to jeopardize your safety. This is relevant because a man in Indiana was tracked down by a GPS. It didn’t violate his 4th Amendment because the police got a warrant to put a tracking device in his mom’s car. This case represents how technology gives advantages and disadvantages. An advantage was that they were able to track him down for a burglary. The disadvantage would be that if they hadn’t gotten a warrant, he could have filed a lawsuit against

    Read More

  • 14th Amendment Essay

    1434 Words  | 3 Pages

    The Fourteenth Amendment of the United States Constitution affects us today by granting citizenship, civil rights, and congressional representation.

    Read More

  • 4th Amendment Violations

    1605 Words  | 4 Pages

    The 4th amendment protects US citizens from unreasonable searches and seizures by the government. If it is violated by the government, all evidence found in the unlawful search and seizure must be excluded as per the exclusionary rule which serves as a remedy for 4th amendment violations. Before a remedy can be given for violation of the 4th amendment, a court must determine whether the 4th amendment is applicable to a particular case. The 4th Amendment only applies when certain criteria are met. The first criterion is that the government must be involved in a search or seizure via government action.

    Read More

  • Is Flag Burning Protected by the First Amendment?

    2205 Words  | 5 Pages

    Do the First and Fourth Amendments Protect?" Current Issues & Enduring Questions: A Guide to Critical Thinking and Argument with Readings. Ed. Sylvan Barnet and Hugo Bedau. 5th ed. Boston: Bedford/St Martin's, 1999. 316-324.

    Read More

  • Fourth Amendment

    1026 Words  | 3 Pages

    In 1787, the Constitution, created by a group of men known as the “Framers”, is the highest law in the United States. At first, the Constitution was not ratify because it did not have a bill of rights which is a list of rights that belong to the people. Therefore to allow changes to the Constitution, the Framers created the amendment process. In 1791, congress proposed twelve changes to the Constitution. Ten of the twelve changes were agreed to by the states and were called “The Bill of Rights.” Some of these rights include the right of free speech, the right to practice your own religion and the right to be silent if you are arrested.

    Read More

  • The Fourth Amendment

    950 Words  | 2 Pages

    The Fourth Amendment came almost directly from experience of the colonials. But it wasn’t introduced only as a fundamental right, but also as a major part of the English ideals as well. In England, ''Everyman's house is his castle'' was an honored phrase, enforcing the idea that it is not only is it a law, but a right that cannot be delegated by any government idea. There are two major cases where this idea was tried. Semayne’s Case and Entick v. Carrington.

    Read More

  • Lincoln the Tyrant

    2247 Words  | 5 Pages

    American citizens accused of crimes have a constitutional right to a speedy public trial by an impartial jury, to be informed of the nature and cause of the accusation, to be confronted with witnesses against them, to bring witnesses in their favor, and to have the assistance of legal counsel. On April 27, 1861, Lincoln decided that such constitutional...

    Read More

  • Importance Of The 4th Amendment

    1407 Words  | 3 Pages

    A-58). It also requires “a warrant that specifically describes the place to be searched, the person involved, and suspicious things to be seized” (Goldfield et al. A- 58). The Fourth Amendment protects the privacy of the people by preventing public officials from searching homes or personal belonging without reason. It also determines whether “someone 's privacy is diminished by a governmental search or seizure” (Heritage). This amendment protects citizens from having evidence which was seized illegally “used against the one whose privacy was invaded” (Heritage). This gives police incentive to abide by the Fourth Amendment. The Fourth Amendment protects a person’s privacy “only when a person has a legitimate expectation to privacy” (FindLaw). This means the police cannot search person’s home, briefcase, or purse. The Fourth Amendment also requires there to be certain requirements before a warrant can be issued. The Fourth Amendment requires a warrant “when the police search a home or an office, unless the search must happen immediately, and there is no opportunity to obtain a warrant” (Heritage). The Fourth Amendment protects the privacy of the people, but also the safety of the people. When there is probable cause, a government official can destroy property or subdue a suspect. The Fourth Amendment prevents government officials from harassing the public.

    Read More

  • Midterm Hypothetical: The 4th Amendment And 6th Amendment

    868 Words  | 2 Pages

    The 4th Amendment is the right of the people to be secure in their persons, houses, papers, and effects,

    Read More

  • The Issue of Pretrial Publicity

    1935 Words  | 4 Pages

    The issue of pretrial publicity is a maze of overlapping attentions and interwoven interests. Lawyers decry pretrial publicity while simultaneously raising their own career stock and hourly fee by accumulating more if it. The media both perpetrate and comment on the frenzy -- newspapers and television stations generate the publicity in the first place and then actively comment on the likely effect that the coverage will have on the trial. When a high profile case is brought to trial, many media outlets report not only on the details of the trial, but also details about the persons involved, in particular the defendant. Much of the information reported regarding the case is released before the trial starts. Furthermore, media outlets may not only report facts, but also present the information in a way that projects the culpability of the defendant. By allowing pretrial publicity of court cases, potential jurors are given information that could sway their opinion of the defendant even before the trial begins, and how they interpret the evidence given during the trial. The right of a criminal defendant to receive a fair trial is guaranteed by the Sixth Amendment of the U.S. Constitution. The right of the press, print and electronic media, to publish information about the defendant and the alleged criminal acts is guaranteed by the First Amendment. These two constitutional safeguards come into conflict when pretrial publicity threatens to deprive the defendant of an impartial jury. However, there is a compromise between these two Constitutional rights, which would allow for the selection of an impartial jury and allow the media to report on the details of the case. The media should only be able to report information once the trial has...

    Read More

  • The Necessity of The Bill of Rights: How these Rights Could Have Saved Proctor in Arthur Miller's, The Crucible

    892 Words  | 2 Pages

    Surely, the Bill of Rights, are a set of significant articles that amend our country from what it is today, and what it use to be in the 1900’s, during the Salem Witch trials. If the amendments were in place during that time, the people of the village, in Salem, would not have sufered such cruel and unjust punishment and their rights as citizens would have been protected. Similarly, today the amendments guarantee us, as citizens, vital rights that hold the country united as one. The importances of these editorials go beyond our everyday rights, instead, making us a part of who we are today.

    Read More

More about Fourth, Fifth, and Sixth Amendments to the Constitution

Open Document