The Second Amendment Of The United States Essay example

The Second Amendment Of The United States Essay example

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The Fourth, Fifth, Sixth, and Eighth Amendments are part of the Bill of Rights which includes the first ten Amendments to the Constitution of the United States. These rights apply to the citizens of our great country. The Fourth Amendment covers search laws and has a significant impact on law enforcement procedures. If these procedural rights are not followed, there can be devastating consequences to the outcome of a case.

To summarize the Fourth Amendment, it protects people from unreasonable searches and seizures. A search conducted by the government exists when the area or person being searched would reasonably have an expectation of privacy. A seizure takes place when the government takes a person or property into custody based on belief a criminal law was violated. If a search or seizure is deemed unreasonable, than any evidence obtained during that search and seizure can be omitted from court under the “Exclusionary” rule. This is why following proper procedures is vital to law enforcement and prosecutors to obtain a successful disposition in a court case. A search and seizure can be conducted with or without a warrant. Generally, the level of suspicion must meet the probable cause standard. That is, a level of suspicion that would lead a reasonable and prudent person to believe a crime was committed and that the person in question is responsible for that crime. If a warrant is signed by a judge, that means the government showed probable cause existed to receive permission from the court to conduct a specific search and seizure. The government, however, can still conduct searches and seizures reasonably without a warrant. Some examples would be a consent search, exigent circumstances or a customs/boarder sear...

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...ment provides is the right to a court appointed council for any defendant determined to be indigent (Bohm & Haley, 2011). This ensures that due process is upheld equally.

The Eighth Amendment provides two protections for the accused. The protection against excessive bail and fines applies only in the Federal Courts. Courts are not obligated to grant bail, however, they have to be reasonable when deciding a bail amount (Bohm & Haley, 2011). This decision can be based on the evidence and character of the defendant (Bohm & Haley, 2011). Fines are also to be reasonable and proportionate to the crime convicted of. This Amendment also protects against cruel and unusual punishments. This does not mean that the death penalty cannot be implemented, but rather punishment that is disproportionate to the crime or involving torture is not allowed (Bohm & Haley, 2011).

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