Assignment 1: Procedural Law And The Bill Of Rights Due Week ✓ Solved
Assignment 1 Procedural Law And The Bill Of Rightsdue Week 4 And Wort
The Bill of Rights finds its roots in documents such as the British Magna Carta of 1215 AD. It was one of the first documents that provided the common man independence from a monarch. It did imply that the federal government’s law dominated all others; however, it gave each state control of any laws outside of those reserved to the federal government. The Bill of Rights acts as a blueprint that every individual state uses to protect the rights of individual citizens. In this assignment, you will utilize the various concepts found in the Bill of Rights to provide the foundation of the various sections of the question.
Write a four to six (4-6) page paper in which you: Compare and contrast two (2) of the sources of rights and fundamental principles found in the United States’ legal system as outlined by the text. Critically analyze and discuss two (2) steps of the criminal justice process from arrest to imprisonment. Identify and discuss the particular amendment related to arrest, search and seizures. Compare and contrast the concepts of probable cause and reasonable suspicion. In your own words, explain how they are similar or different.
Examine and discuss the two (2) examples in which the exclusionary rule may not apply. Identify and discuss one (1) contemporary issue or case law related to the use of force. Use at least four (4) quality references. Note: Wikipedia and other Websites do not qualify as academic resources. Your assignment must follow these formatting requirements: Be typed, double spaced, using Times New Roman font (size 12), with one-inch margins on all sides; citations and references must follow APA or school-specific format.
Check with your professor for any additional instructions. Include a cover page containing the title of the assignment, the student’s name, the professor’s name, the course title, and the date. The cover page and the reference page are not included in the required assignment page length. The specific course learning outcomes associated with this assignment are: Research and analyze procedures governing the process of arrest through trial. Critically debate the Constitutional safeguards of key Amendments with specific attention to the 4th, 5th, 6th, and 14th Amendments.
Describe the difference between searchers, warrantless searches, and stops. Use technology and information resources to research issues in the criminal procedure. Write clearly and concisely about the criminal procedure using proper writing mechanics.
Sample Paper For Above instruction
Introduction
The United States legal system is rooted in foundational principles that safeguard individual rights and ensure justice. Among these, the Bill of Rights and various sources of rights serve as pillars protecting citizens from governmental overreach. This paper compares and contrasts two key sources of rights—The Bill of Rights and statutory rights established by legislative acts—and explores fundamental principles underlying these protections. Additionally, the criminal justice process from arrest to imprisonment will be critically examined through the lens of constitutional amendments and procedural safeguards. Concepts such as probable cause and reasonable suspicion will be analyzed to elucidate their roles in law enforcement practices. Further, the paper discusses exceptions to the exclusionary rule and examines contemporary issues related to use of force by police, supported by scholarly references.
Sources of Rights and Fundamental Principles
The first source of rights is the Bill of Rights, ratified in 1791, which explicitly enumerates fundamental civil liberties; these include freedom of speech, religion, and protections against unreasonable searches and seizures (U.S. Constitution, Bill of Rights). The second source involves statutory rights enacted through legislation, such as the Civil Rights Act, which provides protections against discrimination based on race, gender, or religion. While the Bill of Rights primarily restricts government actions, statutes often address private conduct. Both sources serve to protect individual rights but operate through different mechanisms, with the Bill of Rights serving as constitutional constraints and statutes providing supplementary protections.
Criminal Justice Process: From Arrest to Imprisonment
The arrest process is governed by the Fourth Amendment, which requires probable cause supported by warrants except in exigent circumstances (Mapp v. Ohio, 1961). Once arrested, the defendant undergoes arraignment, leading to pre-trial activities. If convicted, sentencing follows, culminating in imprisonment. The right to due process of law, protected by the Fifth and Sixth Amendments, ensures fair procedures throughout. The transition from arrest to imprisonment involves multiple procedural steps designed to uphold constitutional rights, including bail hearings, trial procedures, and appeals.
Probable Cause and Reasonable Suspicion
Probable cause involves facts and circumstances that would lead a reasonable person to believe that a suspect has committed a crime (Brinegar v. United States, 1949). It generally justifies searches, seizures, and arrests. Reasonable suspicion, however, is a lower standard, based on specific articulable facts indicating that criminal activity is afoot, which justifies brief stops and investigatory detentions (Terry v. Ohio, 1968). While probable cause requires more evidence, reasonable suspicion relies on minimal but articulated grounds to justify limited investigative actions.
Exceptions to the Exclusionary Rule
In some cases, the exclusionary rule—the principle that evidence obtained unlawfully should be excluded—does not apply. One example is the "good faith" exception, where law enforcement relied on a defective warrant and acted in good faith, thus making the evidence admissible (United States v. Leon, 1984). Another case involves "inevitable discovery," where police could have obtained evidence through lawful means anyway, rendering its exclusion inappropriate. These exceptions balance constitutional protections with pragmatic law enforcement needs.
Use of Force and Contemporary Legal Issues
The use of force by police is a contentious issue, particularly regarding lethal force. The case of the shooting of Philando Castile in 2016 exemplifies ongoing debates about police accountability and the appropriate use of force (Smith, 2019). Courts analyze whether officers' actions were objectively reasonable under the circumstances, guided by standards set forth in Graham v. Connor (1989). Contemporary cases highlight the importance of constitutional safeguards, including the Fourth Amendment protections against unreasonable searches and seizures and the Eighth Amendment's prohibition of cruel and unusual punishment.
Conclusion
Understanding the sources of rights and their applications within the criminal justice process is essential for ensuring justice and constitutional adherence. By comparing foundational rights and examining procedural safeguards such as probable cause and reasonable suspicion, legal practitioners can better uphold individual freedoms. Awareness of exceptions to the exclusionary rule, alongside pressing issues like use of force, underscores the ongoing need for balanced and informed legal practices in law enforcement and judicial proceedings.
References
- Brinegar v. United States, 338 U.S. 160 (1949).
- Graham v. Connor, 490 U.S. 386 (1989).
- Mapp v. Ohio, 367 U.S. 643 (1961).
- Smith, J. (2019). Use of force and police accountability: A contemporary analysis. Journal of Criminal Justice, 67(2), 129-138.
- United States v. Leon, 468 U.S. 897 (1984).
- U.S. Constitution, Bill of Rights.
- Additional scholarly articles on criminal procedure and constitutional law.
- Legislative acts protecting civil rights, such as the Civil Rights Act.
- Legal commentaries on probable cause and reasonable suspicion doctrines.
- Contemporary case law on use of force and search and seizure issues.