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Table of Contents
i. Introduction
ii. Amendments and bill of rights.
First Amendment
Second Amendment
Third Amendment
Fourth Amendment
Fifth Amendment
Sixth Amendment
Eighth Amendment
Table of Contents cont’d
iii. Conclusion
iv. References
Introduction
Bill of rights
Bill of Rights is a fundamental component of the US.
Constitution that was specifically designed to govern the basic
rights of its citizens.
Originally comprised of 10 Amendments but later, seventeen
other additional Amendments were added.
The Amendments have an impact in major criminal justice
cases.
In the year 1789, the first ten Amendments were proposed by
the congress during the first session
First Amendment
Freedom of worship, and Freedom of Speech,
Assemble, Print, and Petition
The first clause was meant to ban religion out of
American politics.
It assures any unconditional or perfect freedom to
speak out, assemble, print and petition public body in a
context of violence (Kahanovitz, 1991).
Reaffirms certain civil freedoms that have been
practiced for long and therefore does not assure that
citizens who violets the clauses will go unpunished.
Second Amendment
The Right to posses Arms
The Amendment affirm individual’s rights to bear and keep
arms and limits the Congress.
However every State has its constitutional way of regulating
the possession and carrying of arms.
The Amendment has a limitation as ferrying of certain kinds
of weapon and sale guns have been upheld by the Federal
laws.
The Amendment is also face with uncertainties because the
Federal Courts haven’t outlined to what extend Congress can
restrict the right.
Third Amendment
Quartering Troops
This Bill of Right same the civilians from harassment
and caused by the military (Friendly, 1965).
The bill of Right is limited in its application because
there is little interpretation from the Supreme Court .
Fourth Amendment
Search and Seizure
Unreasonable search is termed as a search that has no warrant.
Search with reason is however necessary especially when is
related to a lawful arrest.
The police seek a search warrant from the magistrate before
they can involve in a search. The purpose of this is to ascertain
that the process is of an upright cause to believe that a search
should be carried out.
A search warrant specifies the property to be seized and the
location or place to be searched.
Fifth Amendment
Rights of Persons
Intended to defend people from illogical treatment by
their seniors.
The Grand jury must first induce trial by a major crime.
An individual can not be tried twice on a similar offense
and also an individual cannot be compelled in criminal
cases to testify against themselves.
Sixth Amendment
Rights of the Accused.
It guarantees jury trial in criminal cases.
It assures right to meet the witnesses and obtain the help
of lawyers and witnesses through the arm of the law
(Wakefield, 1991) .
The Amendment demands that criminal trials to be
carried out quickly to avoid back load of cases.
The Eighth Amendment
Bail and Cruel and Unusual Punishments
An accused individual is not supposed to be set free by the
courts just because they can produce bail bonds. This is
because the accused person may be dangerous to the
witnesses or may interfere with the jurisdiction of the court.
Justification ofevidence is a mandatory if bail of a higher
amount than the set standard for the certain crime is imposed.
Cruel and unusual punishments such as public whipping is
prohibited
However capital punishment is regarded as usual by the
Supreme Court.
Conclusion