The Fourth Amendment And Fifth Amendment - 1585 Words

The three amendments that are used to protect the rights of those accused of a crime include, the Fourth, Fifth, and Sixth Amendment. The Fourth Amendment protects the right of people to be secure in their persons, papers, and effects, against unreasonable searches and seizures. (Peak, 2015, p.181). The Fifth Amendment protects the accused against self-incrimination, double jeopardy, and life, liberty, and property. Meaning no person will be forced to be a witness against themselves, they cannot be tried for the same offense twice, and their right to life, liberty, and property are protected under the law. (Peak, 2015, p.193). The Sixth Amendment is the right to counsel. Any person who is accused of a crime has the right to counsel for their defense, a speedy and public trial by an impartial jury, to be informed of the nature of their crime which also includes Miranda rights, and to be confronted with the witness against him/her while also having witnesses of their own. (Peak, 2015, p.195). These three Amendments in summary mean to me, that any person who is accused of a crime is innocent until proven guilty and their rights are just as important as anyone else. They have the natural born right to have their rights as citizens protected under the law, and ensure fair treatment from law enforcement officers. In 1993, the Supreme Court ruled a decision on the court case, Minnesota v. Dickerson. This court case is a following case of the original Terry v. Ohio in 1968, theShow MoreRelatedThe Fourth Amendment And The Fifth Amendment Essay1594 Words   |  7 Pagesand the Bill of Rights, the Fourth Amendment can be best defined as an amendment providing the right of the people to be secure in their persons, houses, papers, and effects, against unreasonable searches and seizures, shall not be violated, and no warrants shall issue, but upon probable cause, supported by Oath or affirmation, and particularly describing the place to be searched, and the persons or things to be seized (Fourth, 2012). In general terms, the Fourth Amendment protects from illegal searchesRead MoreThe Fifth Amendment : The Fourth Amendment1681 Words   |  7 PagesFifth Amendment The Fifth Amendment (Amendment V) which is followed by the United States Constitution belongs to the part of the Bill of Rights and will protect each and every individual from being compelled to witnesses against themselves in all sorts of criminal cases. Pleading the Fifth is a sort of informal term used generally for invoking the right which allows the witnesses to decline the chance of answering the questions which may lead the answers that might incriminate them, and basicallyRead MoreFourth, Fifth, and Sixth Amendments to the Constitution Essay887 Words   |  4 PagesCJL 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 1700s. Today, in 2010, our country has developed in the use of language, our principles, and our overall society. After close examination of theRead MoreWhat is the Bill of Rights?1440 Words   |  6 PagesAmerican citizens. All ten Amendments in the Bill of rights are significant for protecting the right of the citizens but Amendment One the freedom of speech, religion, press, and petition, the Fourth Amendment gives the protection of unreasonable search and seizure without a search warrant, and Fifth protects the accused by protecting them from self incrimination, double jeopardy, and from depriving their life, liberty, or property without due process of law. The First Amendment gives citizens many freedomsRead MoreCybercrime Case Study Paper1123 Words   |  5 PagesCybercrime Case Study Paper The Fourth Amendment can be applied to the Internet, computer, and cybercrimes, but it must be done very carefully. The protections that are granted by the Fourth Amendment should depend on the data. If the data is content, which means any kind of communications such as email, or any remotely stored files on a computer system, then the information is protected by the Fourth Amendment. However, if the data is non-content information, such as IP address and email addressesRead MoreCJA 484 Criminal Law Foundations Evaluation1424 Words   |  6 PagesConstitution is comprised of a set of amendments, which have been written to protect several different rights that as a citizen are protected from false persecution. These constitutional amendments play a large roll, in the manner in which aspects of court procedure handled in both juvenile and adult court systems. The Fourth, Fifth, and Sixth Amendment were evolutionary in an effort to protect the rights of the people of the United States. Authoring the three amendments gave way to an overhaul in theRead MoreConstitutional Protections in Criminal Investigations1401 Words   |  6 Pagesfamiliar with the Fifth Amendment due to the popular phrase â€Å"I plead the fifth,† which is used as a defense in trials. But what should be familiar are the protections that we might take for granted such as the protection from double jeopardy. This means that a person cannot be tried more than once for the same offense (Salky, 2010). When reading the Fifth Amendment it could be agreed upon that this is where the right to remain silent and the Miranda Rights emerged from. The Fifth Amendment reads: â€Å"NoRead MoreDrug Testing for School Athletes966 Words   |  4 Pagesstudent-athletes; however mandatory drug tests are a violation of the Fourth Amendment, the Fifth Amendment and drug testing reverses the legal principle of innocent until proven guilty. In order to protect the rights of the American people, drug testing student-athletes without suspicion and without sufficient evidence should not be introduced into school athletics due to the fact that it violates the Fourth Amendment and the Fifth Amendment of the Constitution. Without suspicion of drug use, schools cannotRead MoreThe Justice System Of The United States1040 Words   |  5 Pagesis served. To ensure citizens freedoms are protected and individual rights are guaranteed the Constitution of the United States was formed. Within the Constitution consists of Amendments. This paper will be discussing the fourth, fifth, and sixth as well how the Bill of Rights applies to the states via the Fourteenth Amendment. Additionally, it will discuss how the due process correlates to these protections. The due process ensures citizens rights and freedoms are protected. The court acts as aRead MoreGovernment Enforcement, Crime And The American Population Essay1139 Words   |  5 Pagesprevalent, often creating controversy between the public and the police. Under democratically-inspired legal restraints, notably the Bill of Rights, the Fourth, Fifth, Sixth, Eighth, and Fourteenth Amendments to the United States Constitution ensure the personal rights and freedoms of American citizens against certain police-related matters. The Fourth Amendment to the United States Constitution addresses the concept of unreasonable search and seizure, based on archives of the Constitution published by the