The Bill of Rights and Administration of Justice Term Paper

The Bill of Rights and Administration of Justice
An examination of the amendments in the Bill of Rights that are most relevant to the modern administration of criminal justice and national security.
# 148864 | 1,615 words | 5 sources | APA | 2011 | US
Published on Nov 10, 2011 in Law (Criminal) , Law (Constitution) , Criminology (Criminal Justice and Corrections)


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Description:

The paper discusses the modern interpretation and application of the First Amendment that is in the realm of the freedom to publish critical opinions of the government without fear of reprisal in the form of arrest or criminal prosecution. The paper then discusses the Fourth Amendment that protects individuals from being searched at the mere whim of law enforcement agents and from having their homes, businesses, and other property searched without a warrant, the Fifth Amendment that provides the right against self-incrimination and the right to the due process of law and the Sixth Amendment entitling all criminal defendants to competent counsel irrespective of the nature of the crimes for which they stand accused. Finally, the paper looks at the Fourteenth Amendment that calls for the ten amendments of the Bill of Rights to be applied to the individual states and also provides the right to equal protection under the laws of both federal and state authority.

Outline:
The First Amendment and the Administration of Justice and Security
The Fourth Amendment and the Administration of Justice and Security
The Fifth Amendment and the Administration of Justice and Security
The Sixth Amendment and the Administration of Justice and Security
The Fourteenth Amendment and the Administration of Justice and Security

From the Paper:

"The first quoted portion of the Fifth Amendment requires that persons accused of serious crimes (i.e. felonies punishable by more than one year of incarceration) must first be inducted by a grand jury (Schmalleger, 2008). However, by far the most important of the protections afforded by the Fifth Amendment are the right against self-incrimination and the right to the due process of law throughout the criminal process. Prior to the modern era of American jurisprudence, it was not at all uncommon for police to extract evidence of crimes and/or confessions from persons under arrest through the use of physical force, intimidation, and deprivation of food and water (Conlon, 2004; Dershowitz, 2002).
"That aspect of American criminal law changed dramatically in the 1960s and 1970s as a result of a line of cases that included Miranda v. Arizona that established the so-called "Miranda rights" according to which arrestees are entitled to refuse to answer questions once in police custody and must be advised of those rights, as well as of their Sixth Amendment right to counsel as a condition of the admissibility of any statements or evidence they provide during questioning (Dershowitz, 2002; Schmalleger, 2008; Zalman, 2008).
"The due process rights guaranteed by the Fifth amendment govern the entire process of criminal justice administration from arrest, through arraignment, indictment, appointment of counsel (if necessary), and the pretrial and post-judgement phase (i.e. the appeal) of criminal trials."

Sample of Sources Used:

  • Conlon, E. (2004). Blue Blood. New York: Riverhead.
  • Dershowitz, A. (2002). Shouting Fire: Civil Liberties in a Turbulent Age. New York: Little Brown & Co.
  • Friedman, L. (2005). A History of American Law. New York: Simon & Schuster.
  • Schmalleger, F. (2008). Criminal Justice Today: An Introductory Text for the 21st Century. Hoboken, NJ: Prentice Hall.
  • Zalman, M. (2008). Criminal Procedure: Constitution and Society. New Jersey: Prentice Hall.

Cite this Term Paper:

APA Format

The Bill of Rights and Administration of Justice (2011, November 10) Retrieved February 28, 2021, from https://www.academon.com/term-paper/the-bill-of-rights-and-administration-of-justice-148864/

MLA Format

"The Bill of Rights and Administration of Justice" 10 November 2011. Web. 28 February. 2021. <https://www.academon.com/term-paper/the-bill-of-rights-and-administration-of-justice-148864/>

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