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Fourth And Fifth Amendment Essays

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Fourth, Fifth, and Sixth Amendments to the Constitution Essay - Law

Fourth, Fifth, and Sixth Amendments to the Constitution Essay

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.


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. 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.

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.

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The Origins of the Bill of Rights Essay - Unlike the first four amendments, the Fifth and Sixth Amendment is constructed of numerous parts. The First Amendment also contained several aspects, but is centered on protecting freedom of expression, and government interference in the right of conscience. Both the Fifth and Sixth Amendments are designed to protect the rights of a person accused of committing a crime, however the Fifth Amendment includes a clause concerning eminent domain. Many of the aspects of both Fifth and Sixth Amendments have direct ties to tyrannical practices of the British during Colonial rule, just as the other amendments in the Bill of Rights. [tags: British Tyranny, Fifth and Sixth Amendments]

1431 words
(4.1 pages)

Essay about Rights and Freedom Safeguarded in the American Constitution - The Founding Fathers drafted the Constitution to help safeguard the rights of the American people. But when it was time for ratification, many Americans leaders did not agree with certain parts of the Constitution. They felt that it did not give the people many rights. The Bill of Rights, the first ten amendments, was added to the Constitution four years after the American government was organized (Mount, 2001). This essay will reflect on the rights guaranteed to American citizens, and the guaranteed freedom that is most relevant to me personally. [tags: american history]

935 words
(2.7 pages)

Comparison Between the Articles of Confederation and the United States Constitution - Towards the end of the Revolutionary War, the people felt they needed a document to secure their independence from Britain. This document was the Articles of Confederation. Shortly after that, a new document was formed to what we know as the Constitution of the United States. These documents were similar but more different at the same time with each other, and each granted specific powers to the national government. By throwing off the British monarchy it left the states without a central government. [tags: U.S. Government ]
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981 words
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The Fifth Amendment: Rights of Accused Suspects and Property Owners Essays - “I plead the Fifth.” This well-known expression is used by an individual who refuses to answer a question that may incriminate him. This phrase references the Fifth Amendment to the Bill of Rights (Brezina 15). The Bill of Rights protects the fundamental rights of Americans, including the rights of free speech, freedom of the press and freedom of religion (Teitelbaum 8). The Fifth Amendment in the Bill of Rights guarantees the rights of a person accused of committing a crime (Teitelbaum 15). [tags: The Fifth Amendment]
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2619 words
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Amendments to the Constitution Essay - The framers of our Constitution knew that time has a way of changing countries and their citizens. Our country was in a whirlwind of change in 1789 as people were experiencing freedom from the tyranny of England for the first time in their lives. Our country was being molded and formed into a great nation by the founding fathers. Expectations and rules had to be set to protect the rights of the minorities and majorities. Amendments to the Constitution were written to ensure equality for all in changing times. [tags: First Amendment, Second Amendment]

1302 words
(3.7 pages)

The Twelve Tables Essay - The Twelve Tables were the first laws ever written down and shown to the public in Ancient Rome. The Twelve Tables were displayed in the Roman Forum or marketplace. The Twelve Tables were also the earliest surviving writings of Ancient Rome. When the founding fathers started to draw up the Constitution, they looked at Rome, and were inspired by The Twelve Tables to write the first laws of the United States. The Twelve Tables were not just the first written down laws in Ancient Rome. The Twelve Tables were used as a basis of future law throughout the world. [tags: ancient rome, constitution, market]
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1452 words
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The Patriot Act: Trampling on the Bill of Rights Essay - Several weeks after the horrible terrorist attacks on September 11, 2001, The Uniting and Strengthening America by Providing Appropriate Tools Required to Intercept and Obstruct Terrorism (USA PATRIOT ACT) Act was rushed through Congress by Attorney General, John Ashcroft. This particular Act, however, was established with a ruling hand of fear. Life for Americans changed dramatically in those immediate days, weeks, and months after the attack. America had been spoiled with luxury for so long, that the illusion of control had ingrained itself into our very nature as Americans. [tags: US Constitution vs. The Patriot Act]

2024 words
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The Second Amendment of the Constitution Essay - The Second Amendment “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.” This timeless phrase, the Second Amendment of the United States’ Constitution, is an enduring example of the principles and ideals that our country was founded on. With this statement, the founders of this country explicitly and perpetually guaranteed the American individual the right to keep and bear arms. An incomparably crucial element of this country‘s origins, the Second Amendment and the rights it guarantees have proved vital to the growth and success of our nation. [tags: 2nd Amendment Constitution The Right To Bear Arms]

503 words
(1.4 pages)

Essay Fifth Amendment and Double Jeopardy - Fifth Amendment and Double Jeopardy Double jeopardy is the prosecution of a person for an offense for which he or she has already been prosecuted. The double jeopardy clause, which is in the Fifth Amendment of the United States Constitution, was designed to protect an individual from being subject to trials and possible convictions more then once for an alleged offense. The idea was not to give the State too much over the individual, this way no individual will be subject to embarrassment, expense, and ordeal against being tried for an alleged offense more then once. [tags: Law Legal 5th Amendment]

1616 words
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The Sixth Amendment Essay - The Sixth Amendment was ratified on December 15, 1791. It guarantees rights related to criminal prosecutions in federal courts and it was ruled that these rights are fundamental and important. The Sixth Amendment gives the accused the right to speedy and public trial by the impartial jury. The accused has the right to be informed of the nature and reason of accusation and also be confronted with the witness against him as well as obtaining witness in his favor. In this research paper I will provide a thorough analysis of these above rights and give some history of the 6th Amendment. [tags: Law]

1917 words
(5.5 pages)

Other articles

The Supreme Courts Interpretations of the Fourth and Fifth Amendments; Miranda Warnings and the Exclusionary Rule

The Supreme Courts Interpretations of the Fourth and Fifth Amendments; Miranda Warnings and the Exclusionary Rule.

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America has an extremely large crime rate. Because of this fact, people are very concerned with the rights of the accused. The Bill of Rights has several expressed rights of criminal suspects to ensure justice. Over the last several decades, the Supreme Court has interpreted these Constitutional protections. The most important of these interpretations is the exclusionary rule and the Miranda warnings.

The exclusionary rule is based on the Fourth Amendment. This amendment says that a search warrant can only be issued if there is probable cause. This was interpreted by the Supreme court into the exclusionary rule, which says that evidence must be collected according to these guidelines in the Fourth Amendment, or it won't be permissible in court. This forces law enforcement to collect evidence properly and fairly. The rule is important because without it, law enforcement could search anyone's house, even if they showed no criminal signs.

They could then use any "dirty laundry" they found in a person's house and use it against them in court.

The Miranda warnings are even more well known than the exclusionary rule. This interpretation of the Supreme Court is based on the Fifth Amendment. Basically, this amendment prohibits self-incrimination by suspects. The accused must be informed of their right to remain silent and to have a lawyer present when being questioned prior to trial. This raised the question of whether confessions were valid in court if the suspect was not informed of their rights prior to the confession. In 1991, the court ruled that a conviction would not be completely overturned of the confession was acquired through coercion. In 1994, the court said that suspects must "assertively and unequivocally" request to have legal counsel. The suspects can't hint that they wanted a lawyer present, they have to.

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Intro  How Amendments Became apart of the Constitution.  Why do Amendments Become part of the Constitution.  Problems. with original Documents.  Prompt adoption of Bill of rights.  Effects of the bill of rights.  Problems with original Documents that Chang society or Led to later Amendments .  Twelfth Amendment  Twenty Second Amendment  Twenty FifthAmendment How Amendments Become Part of the Constitution Process: After Congress proposes an amendment . the Archivist of the.

Fourteenth Amendment to the United States Constitution. President of the United States. Supreme Court of the United States 586 Words | 3 Pages

THE FOURTEENTHAMENDMENT – EQUALITY FOR ALL? In school, as well as throughout our daily lives, we learn in America to live by. the idea of freedom and equality for all. We do not allow race, class, or creed to determine a person’s stature in the community. It may seem as if this is the standard of society, but these ideas of equality have been fought over since the beginning of written history, and even in America today, prejudice still exists. To address these and similar problems, the founding.

American Civil War. Fourteenth Amendment to the United States Constitution. Law 1190 Words | 3 Pages

criminals face justice, but it raises the question of how far are these officials able to go before they are unreasonably invading people’s privacy? That is. generally what the 4th Amendment deals with, protection against unreasonable search and seizure. The current case of Jones vs. United States is a suit dealing with the 4th Amendment and has large implications, as it could set precedent for whether or not GPS tracking can be used without a warrant. A tracking device was put on his Jones car by police officers.

Fourth Amendment to the United States Constitution. Katz v. United States. Privacy law 2519 Words | 7 Pages

FifthAmendment Indictment of Grand Jury The grand jury originated in England, under the rule of King John. The king selected. the grand jury to be a body of his reign that would accuse no innocent person, and would shelter no guilty person. The FifthAmendment of the United States protects people from self-incrimination by forcing the prosecution to obtain an indictment (complaint) from a grand jury before the case can be presented in trial before a court. Today, grand juries are virtually inexistent.

Due process. Fifth Amendment to the United States Constitution. Fourteenth Amendment to the United States Constitution 2747 Words | 8 Pages

process provides the guilty with too much protection from arrest and prosecution. What I found throughout the interview with Officer Romano is that the. FourthAmendment actually does not protect the people, whether innocent or guilty, as well as I thought it did. In fact, it protects both the people and law enforcement officers. The FourthAmendment states, “The right of the people to be secure in their persons, houses, papers, and effects, against unreasonable searches and seizures, shall not be violated.

Crime. Fourth Amendment to the United States Constitution. Law 1459 Words | 4 Pages

Bill of Rights and Amendments 13, 14, and 15 HIS 301 July 18, 2012 Bill of Rights and Amendments 13, 14, and 15 "The. Constitution is the highest law in the United States" (U.S. Constitution, 2010, para. 1). The Constitution is the building block for the United States government, and each law separate from the Constitution is some derivative of the document. The Constitution assisted in creating Congress, the Presidency, and the Supreme Court. Over the course of the United States' history many.

Articles of Confederation. Fifteenth Amendment to the United States Constitution. Fourteenth Amendment to the United States Constitution 1397 Words | 4 Pages

constitutional law concerned with the state’s power to maintain an orderly society and the rights of citizens and residents to live in freedom from undue. government interference with their liberty” (Zalman, 2008, p. 4). The Fourth . Fifth . Sixth . Eighth, and Fourteenthamendments are significant in studying criminal procedure. In criminal justice, the criminal procedure is important because it deals with the conflict between order and liberty directly. To understand the friction between order and liberty.

Crime. Criminal justice. Criminal law 1441 Words | 4 Pages

* * * * * Bill of Rights and Amendments NAME. HIS/301 25 July 2013 Mark Durfee MBA, MA, M.Ed * Bill. of Rights and Amendments * The original U.S. Constitution did not contain a Bill of Rights. This was added at a later date at which time Amendments were also added. Since the creation of this original document there have been several alterations and additions to the Constitution. How these amendments are included and why they were, is vital to understanding.

Articles of Confederation. Federal government of the United States. Fourteenth Amendment to the United States Constitution 1399 Words | 5 Pages

shapes criminal justice policy at a specific time. During the 1960’s due process dominated criminal procedure whereas the mid 1970’s to present day, crime. control is dominating criminal procedure. These two models as well the Fourth . Fifth . Sixth . and FourteenthAmendments shape the criminal procedure policy as it is known today. Crime Control Model The most important value of the crime control model is the repression of crime. Unless crime is controlled, the rights of citizens who abide.

Criminal justice. Criminal law. Fifth Amendment to the United States Constitution 1088 Words | 4 Pages

The Amendment Process: The Bill of Rights Grand Canyon University Master of Education in Educational Administration POS 301 Arizona/Federal. Government Mark Tawney April 8, 2012 The Amendment Process: The Bill of Rights The Constitution is essentially a rough draft. The Amendments to the Constitution are the edited versions. The Constitution is a living document that the whole country relies upon as it grows and any changes to the Constitution should be meaningful. Article V outlines the.

Due process. First Amendment to the United States Constitution. Fourteenth Amendment to the United States Constitution 1033 Words | 4 Pages

Procedure Policy Paper University of Phoenix CJA/364 Criminal Procedure 25 March 2014 The first ten amendments of the. United States Construction are known as the Bill of Rights. The United States Bill of Rights was formally created on September 25, 1789. Originally the amendments were created and introduced by James Madison. Ratification of the amendments occurred in 1791. The Bill of rights guarantees freedoms that are not explicitly indicated in the Constitution. Freedoms or.

Due process. Fourteenth Amendment to the United States Constitution. Law 1779 Words | 5 Pages

Reflections on the First Amendment On December 15th, 1971, the first X amendments to the Constitution went into affect. The. first X amendments to the constitution were known as the Bill of Rights. The First Amendment was written by James Madison because the American people were demanding a guarantee of their freedom. The First Amendment was put into place to protect American’s freedom of speech, freedom of religion, freedom of assembly and freedom of petition. The First Amendment was written as follows;.

First Amendment to the United States Constitution. Fourteenth Amendment to the United States Constitution. Supreme Court of the United States 1858 Words | 5 Pages

looking to see all the facts of this case to get a clear view of the issue at hand. Then we’ll cover what the issue is for this case, and why it would be an. issue in accordance to the FourthAmendment . I will make a stance in this paper about if I think the issue at hand is or isn’t a violation of the FourthAmendment . The decisions of all the courts will be looked at, and their reasonings. These sort of cases are important to the ever living and breathing document that is the Constitution because.

Academy Award for Best Actor. Andy Summers. Detention 1879 Words | 5 Pages

about one fifth of the population in the American Colonies. Majority of them lived Southern Colonies where 40 percent was consisted of the. population. Delegates from states with large populations of slaves argues that slaves should be considered person in determining delegates from states where slavery had disappeared or almost disappeared argued that slaves should be included in taxation, but not in determining representation. Slavery in the US was abolished by the thirteen amendments . The Supreme.

Abraham Lincoln. African American. American Civil War 1802 Words | 5 Pages

WORKS CITED [1] Cottrol, Robert, ed. Gun Control and the Constitution: Sources and Explorations on the Second Amendment . New York. Garland Publishing Inc. 1994 [2] Dowlut, Robert. The Right to Keep and Bear Arms in State Bills of Rights and Judicial Interpretation. SAF 1993 [3] Freedman, Warren. The Privilege to Keep and Bear Arms. Connecticut: Quorum Books, 1989 [4] Hickok, Eugene Jr. ed. The Bill of Rights: Original Meaning and Current Understanding. Virginia: University.

Firearm. Gun politics in the United States. Law 2205 Words | 7 Pages

APUSH Amendments 1. First Amendment Second Amendment Third AmendmentFourth . Amendment -Freedom of religion, speech, press, assembly -Petition the government for a redress of grievances -A well regulated Militia and the right of people to bear arms shall not be infringed -No soldier shall be quartered in a house without the owner's consent in time of peace or war -People have the right to prevent search and seizures without a warrant -Warrants issued upon probable cause allow a person or.

1791 in American politics. Amendments of the Constitution of Ireland. Amendments to the United States Constitution 704 Words | 4 Pages

Bill of Rights Paper The Bill of Rights is the name that was given to the first ten amendments of the Constitution of the United States. The. Bill of Rights focuses on the set limitations of the government, which included preventing abuse against citizenry by government officials. Although, the document does not cover all rights of citizens in American one can view that it does list the key important rights defined by the Founding Fathers. One will identify all ten Bill of Rights listed in the United.

Due process. First Amendment to the United States Constitution. Fourteenth Amendment to the United States Constitution 1771 Words | 5 Pages

Amendments of the U.S. Constitution HIS/301 Amendments of the U.S. Constitution The United States Constitution is a. beloved document of this country. In this document many powers, liberties, and freedoms are given to the citizens of the United States of America. These citizens were first made up of immigrants or settlers from England who wanted a place to live without fear of death, and freedom of liberties. The people who made up the first colonies of the America’s fought long and hard through.

Articles of Confederation. President of the United States. Supreme Court of the United States 1907 Words | 5 Pages

good reputation of the defendant” (Zalman, 2011). The fourth step is closing statements. The defense attorney says what he wants to say. because the prosecutor has the last word in the process. The defense attorney is there for the criminal/defendant and to make the juries question all the evidence against the defendant. The prosecutor is there to give the last word in hopes that the jury can see the evidence for what it is. The fifth step is jury instructions. During this step the “judge instructs.

Judge. Jury. Jury nullification 927 Words | 3 Pages

Eng 1 Eng � PAGE �4� Eng 3 The Twenty-sixthAmendment The Twenty-sixthAmendment was proposed. March 23, 1971, to lower the voting age from twenty-one to eighteen. It was decisively authorized on July 1, 1971. The official amendment is, "Section 1. The right of citizens of the United States, who are eighteen years of age or older, to vote shall not be denied or abridged by the United States or by any State on account of age. Section 2. The Congress shall have power to enforce this article by appropriate.

Dwight D. Eisenhower. Lyndon B. Johnson. President of the United States 806 Words | 3 Pages