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...
... middle of paper ...
...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).
Need Writing Help?
Get feedback on grammar, clarity, concision and logic instantly.Check your paper »
- In his introduction, Tunick opposes a frequently occurring claim concerning the United States and the second amendment where many American scholars including the courts themselves believe the right to bear arms for self-defence and to defend against tyranny is “so fundamental that no state may violate it without sufficient justification,” as “Locke is still intractably America’s philosopher.” Tunick also covers other opposing arguments, acknowledging existing justifications of why Locke may seem to be in favour of the right to bear arms, including the fact that he is a classical liberal, which the author agrees with, who relies on the government to be an device used for preserving life and p... [tags: Political philosophy]
1107 words (3.2 pages)
- The Second Amendment of the United States Constitution reads: "A well regulated Militia, being necessary to the security of a free State, the right of the people to keep and bear Arms, shall not be infringed." Courts have universally agreed, however, that the right provided by the Second Amendment is not absolute and that many kinds of gun legislation designed to protect public safety remain valid ("Gun Safety & Public Health," 2013). The ongoing debate between the gun rights versus gun control has caught more attention as number of cases involving gun violence increased significantly.... [tags: Mental health, Mental disorder, Psychiatry]
5901 words (16.9 pages)
- The second amendment of the United States Constitution expresses, “A well regulated militia being necessary to the security of a free state, the right of the people to keep and bear arms shall not be infringed.” It seeks to protect the rights of individuals by allowing one person to possess a method of self-defense. Even though this is the second statement in the Bill of Rights, recently the government proposed ways to control it. In Nevada, for example, on November 8,2016 the majority of the population voted that whoever purchases a gun has to undergo a background check.... [tags: Crime, Criminology, Firearm, Gun]
1047 words (3 pages)
- One of the principle things is that personal self-defense is the primary purpose of the Second Amendment. It Is very easy to say that guns make people crazy and also if one person has a gun it will provoke the person to kill people. But in fact many people believe that “guns don’t kill people, people kill people.”(Wayne LaPierre, 2012) Saying this, I want introduce The Second Amendment to the United States Constitution which protects the right of individual Americans to keep and bear arms regardless of service in a militia.... [tags: rights, guns, violence]
743 words (2.1 pages)
- We the people of the United States of America has the right to bare arms. So should the United States government abolish the right to own guns. The second amendment states, “ … Right to bear arms shall not be infringed.” Which means that all american citizens that meet the criteria to own firearms should and can obtain them legally. It is an outrage that our government is considering to abolish the second amendment because we as people needs to protect our families from terror, abolishing the second amendment will make the law-abiding citizens in America in a state of constant fear, Also, it will remove a large economic market.... [tags: United States, Gun politics in the United States]
1098 words (3.1 pages)
- The Second Amendment: Is it in danger. Over recent years, a lot of discussion has be held about the issue of guns in America. It seemed to have picked up steam in recent months as a direct result of the vicious and hateful acts of gun violence in this country. On the right, conservatives believe that President Obama and other politicians will come after them and their firearms. While the left believes in logical and common sense gun laws. In a hope that it will curb the recent acts of gun violence in this country.... [tags: Firearm, Gun politics in the United States]
1211 words (3.5 pages)
- The second amendment is not an unlimited right to own guns. Gun control laws have been around just as long or longer than the second amendment. On June 26, 2008 District of Columbia et al. v. Heller US Supreme Court majority opinion, Justice Antonin Scalia, LLB, wrote, “Like most rights, the right secured by the second Amendment is not unlimited. From Blackstone through the 19th-centur cases, commentators and courts routinely explained that the right was not a right to keep and carry any weapon whatsoever in any many whatsoever and for whatever purpose…” With the support needed we can do what our nation has done for decades and ratify these changes to the second amendment.... [tags: Firearm, Gun politics in the United States]
1038 words (3 pages)
- The Second Amendment should be abolished so we can ban guns from the United States. For years, Guns have been the root of all-evil and have been involved in many of the major killings or massacres in the recent years. Guns have killed people over the years a million times during war, civilian casualties, lunatics, murderers, and psychos. There are many reasons why I am against the Second Amendment and think we should abolish the right to bear arms or the Second Amendment. There have been many shootings this past decade from New Haven to Orlando to North Carolina to Charlotte to the Black lives matter movement that all started because of cops using their guns to kill black... [tags: Firearm, Gun politics in the United States]
918 words (2.6 pages)
- Some people in the United States of America feel that the Second Amendment should be removed do to crimes in our country. Others feel that if the amendment was removed, that the brutal death rates would go up, so there would be more harm than good. Although most people believe that guns can be dangerous, we should not amend the Second Amendment because people need guns for home and self defense, guns are a reliable source to help put food on the table, and they are also a way to help keep terror groups and enemies out of our country.... [tags: Gun politics in the United States, Firearm]
899 words (2.6 pages)
- When our nation was young the founders came together to draft a new Constitution and form a republican government. Many had come to realize that the Articles of Confederation were flawed and the founders sought to find a solution. The new Constitution was accepted by the people on the premises that a bill of rights would be put in place to insure the natural rights of the people and of the states. One of these rights is explained in the Second Amendment to the Constitution as the right to a militia and the right of the people to keep and bear arms.... [tags: United States Declaration of Independence]
1535 words (4.4 pages)