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What Was The Importance Of The Fourth Amendment

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The procedural rights, afforded to the people of the United States, were established in the Bill of Rights and more specifically in the Fourth, Fifth, Sixth, and Eighth Amendments to the Constitution of the United States. These Amendments were implemented for the explicit purpose of protecting the rights of the people. Everyone can expect to be treated equally and fairly because of these rights and the foresight of our Founding Fathers (Bohm & Haley, 2011, p. 103). The Fourth Amendment serves to protect the people from illegal searches and seizures. There are many who believe the Fourth Amendment provides the people with the right to privacy, but that is not the case at all. The Fourth Amendment is the people's guarantee that searches for the purpose of finding evidence which can be used in a court of law can only be implemented with probable cause. Not only does law enforcement have to show probable cause but their search warrant must describe the place they are going to search as well as what or who may be seized (Bohm & …show more content…

Also included in the Fifth Amendment is the people's guarantee against double jeopardy or in other words they cannot be tried a second time for the same or a similar crime regardless of any verdict that may or may not have been reached. Jeopardy must be attached in order for the prevention of double jeopardy to be invoked. Jeopardy is considered to be attached once a jury has been selected and sworn to duty. In the case of a trial with no jury then jeopardy attaches at the time of the swearing in of the first witness. In addition to the right to a grand jury and the double jeopardy guarantee, The Fifth Amendment also establishes the people’s right to protection against self-incrimination. In other words, the people are assured the right of not being forced to be a witness against themselves. (Bohm & Haley, 2011, pp.

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At trial, a key witness for the prosecution was a co-conspirator who had been promised immunity from prosecution in exchange for his testimony. The prosecution failed to disclose to the defense that the witness had been promised immunity. The Supreme Court held that the prosecution's failure to disclose the promise of immunity violated Giglio's right to due process. The Court held that prosecutors are obligated to disclose any evidence favorable to the accused and are material to guilt or punishment, including evidence that could be used to impeach the credibility of a government witness.

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The clause of double jeopardy instituted in the 5th amendment is a clause made to protect individuals from being charged with the same crime twice. There are a immense amounts of laws explaining the way government should act towards individuals. The fifth

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Arizona case stated that a criminal suspect must make a knowing, intelligent, and voluntary decision to waive certain constitutional rights prior to questioning (Ortmeier, 2006). These constitution rights consisted of their right to remain silent; to be given an explanation on how anything they say can be used against them; their right to an attorney; and their right to have an attorney appointed to represent them if they cannot afford one. Additionally, Metgzar (2010) indicated without rights advisory, anything admitted by a subject in an interrogation will not be useable in there trial. The ruling also encouraged the expansion of Fifth Amendment and other constitutional

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The central issue being looked at is the 6th Amendment, which is the right to confront and cross-examine witnesses. The point of the 6th Amendment Confrontation Clause is to give the defendant more rights at trial. These rights include, the right to confront their accuser and the witness that are against them. The 6th Amendment also establishes the guidelines for out-of-court

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Some people may think that the 14th amendment does a poor job of protecting people’s rights. In document five it explains how on September 11, 2001,with the terrorist attacks on the World Trade Center, it has caused video surveillance in the United States to increase. For example the U.S has programs that use facial recognition that help match photographs of criminals faces to the criminal. Another program that we use helps prevent suicide bombers from attacking. Some people may think that prevention of terrible events reoccuring or occurring is a good thing, but using security systems everywhere may be a violation of their rights and privacy.

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Hi Nakia, I totally agree with your statement about the fifth amendment. The fifth amendment is a part of the Bill of Rights that protects the rights of anyone accused of a crime and secure life, liberty and property. It requires that a citizen cannot be accused of a serious crime without a grand jury investigation. As well, it also forbids double jeopardy as you said the act of of bringing a person to trail a second time for the same crime. Fifth amendment really changed many people’s lives.

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The First Amendment is the most important, because of freedom of religion and freedom of speech. Many people think that the fourth amendment is the most important. They think this, because it is important for a person to be able to tell policemen “No” if they ask you if they could search your car or your house. I believe that the fourth amendment is really important, but you wouldn’t be able to tell the policemen “No” if you didn’t have freedom of speech. George Washington said,”If the freedom of speech is taken away then dumb and silent we may be, like sheep to the slaughter” (“Famous Quotes Freedom of Speech”).Without freedom of speech and religion we are nothing.

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The whole point of the Fourth Amendment is not to completely stop the police, because the amendment can be waived if an officer has a warrant, or a person’s consent. The Fourth Amendment states that generally a search or seizure is illegal unless there is a warrant, or special circumstances. Technically stating that a citizen is protected by the Fourth Amendment, until a government employee gets a warrant, and then they can invade a citizen’s privacy. Also people state that the FISA Court’s warrants are constitutional, but the NSA’s surveillance is unconstitutional. Even though people do not like the NSA’s surveillance, the NSA is legal because the FISA Court that the people did not mind makes it legal.

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The Fifth Amendment ‘’The fifth amendment is an old friend and a good friend. It is one of the great landmarks in man’s struggle to be free of tyranny, to be decent and civilized. It is our way of escape from the use of torture.’’ -William O. Douglas The first ten amendments, known as the bill of rights, were written to help look after each personś guaranteed freedoms from being violated by the government.

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The fourth amendment deduces a privacy of one’s person by not allowing self-incrimination in a criminal prosecution. Finally, the ninth amendment seems to declare a possible view of privacy by declaring that there could be “additional fundamental rights” not covered in the initial amendments which could be used by the people: like the right of privacy, which could be used in a court of law under certain

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The right of the people to be secure in their persons, houses, papers, and effects against unreasonable searches and seizures shall not be violated… We all know the fourth amendment. It's the amendment that guarantees our safety within our homes and our personal belongings. Yet, how much do you know about the fourth amendment? The fourth amendment is full of history, controversy, and discussion, even in modern day.

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The potions of the Bill of Rights that have a particular significance to the administrations of justice are the Fourth Amendment, Sixth Amendment and the Eighth Amendment. The Fourth Amendment follows a excellent standard when it comes to our privacy. Our privacy should always be supreme until reasonable suspicion has shown guilt. Without this Amendment, a cop could search you anywhere at anytime based on his biased opinion of you.

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The book describes the Miranda Rights, which are the legal rights that a person under arrest must be informed before they are interrogated by police. If the arresting officer doesn’t inform an arrested person of his Miranda Rights, that person may walk free from any chargers. The book also talks about double jeopardy, double jeopardy is the right that prohibits a person from been tried twice for the same crime. In other words if a person is found innocent and sometime later new evidence surface that can incriminate him with the crime that he is “innocent” he cannot be charged for that same crime. The book also mentions self-incrimination, which is the right that no citizen will have to be a witness against himself.

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