Amendments From the Bill of Rights in Term Paper
- Length: 6 pages
- Sources: 4
- Subject: Criminal Justice
- Type: Term Paper
- Paper: #21991259
Excerpt from Term Paper :
Amendments from the Bill of Rights in U.S.
Policy necessary for police investigators when interrogating suspect
Type of crime
Constitutional right upheld
Rationale of the policy
Evaluation of the policy
Foreign policy dealing with the same issue
Policy name in the country
Evaluation of the policy
Amendments from the Bill of Rights in U.S.
This Amendment has prohibited the making of any law with respect of religion establishment, obstructing a free practice of religion, reducing the freedom of speech, breaching the freedom of the press, obstructing the rights to having peaceful assemblies, or keeping out appeals during government redress of grievances. The right to reason is the beginning of liberty, and speech must be confined from the government since speech is the start of though.
This Amendment affects mostly the church because the church needed to be separated from the states. The government was not to favor any religion against the other or even the non-religion. This meant that the state would not fund, endorse or even promote any religion. The freedom of speech affects all especially the activists who represent the people. It also involves the media. In the case of Sherbet vs. Verner in 1963, Sherbet could not get employment since she was a seventh day Adventists who do not work on Saturdays. This was wrong since everyone has a right to office despite their religion.
No individual shall be held to respond for a capital, or if not infamous crime, except on a presentment or condemnation of a grand jury, apart from in cases on the soil or naval armed military, or in the private army, when in real service in time of warfare or public hazard; nor shall any individual be subject for the similar offense to be twice placed in danger of life or limb; neither shall be bound in any criminal lawsuit to be a witness opposed to himself, nor be denied of life, freedom, or property, with no due procedure of law; neither shall personal property be taken for community use, with no just reimbursement.
It affects the acquitted from being retried. This prevents multiple punishments for the offender. The 5th Amendment also rules against using evidence that has been legally acquired. A criminal defendant cannot be punished for refusing to confess and remaining silent. In the case of computer passwords, the court found that one would not be forced to give out since it was against the constitution.
This amendment also protects the witnesses from being enforced to implicate them. This means one can refuse to answer a question if it may it could give incriminating evidence that is punishable. The case of Miranda vs. Arizona in 1966 involving confessions saw Miranda had signed a statement and it was not allowed because he had not been warned of his rights.
Excessive bail shall not be necessary, nor extreme fines forced, nor mean and odd punishments imposed. The reason of the Amendment was to revise the corporal punishments that being inflicted on offenders. This Amendment affects those who have already been convicted. This is because some punishments have been too harsh compared to the crime committed. Again some people may not afford bail which is embarrassing. With affordable bail, the accused will be able to continue working hence being productive. The American government also assumes ones innocence till proven guilty.
Furman vs. Georgia in 1972, Justice Brenan said that punishment should not be degrading to human dignity. The government had to set a standard to evaluate how harsh or cruel the punishment was. Coker vs. Georgia in 1977 saw the court declare that death penalty for raping a woman was unconstitutionally extensive because no death was involved.
What type of policy would authority need to implement for police investigators when interrogating a suspect? Explain
According to the First Amendment (Religion and Expression), every American citizen has exclusive rights to the establishment of religion and freedom of speech. The investigators must allow the suspect exercise his or her freedom of speech or belief in religion during interrogation of any wrongdoing (Vile 2010). The Fifth Amendment stipulates that no person is answerable for a capital or infamous crime unless on an indictment or presentment of a Grand Jury. Hence, the investigators must not make a conclusive decision upon interrogation of a suspect (Vile 2010). The eighth amendment reiterates the need for police investigators to avoid inflicting unusual punishment or brutality when handling a suspected criminal.
To what crime(s) does this policy pertain? Explain
The First Amendment targets investigators violating the rights of believers of a religion and are reluctant to interrogate those belonging to religion they recognize and accord respect. The policy would also target violation of people's freedom to speech (Vile 2010).
The Fifth Amendment targets law enforcement authorities that punish the suspect of a capital offence before proving the suspect guilty of the allegations by a Grand Jury (Vile 2010). Hence, suspects should undergo trial first before such punishment meted on them.
The Eighth Amendment restricts the magistrates from imposing excessive bails or fines on the suspect. The policy would accordingly target allegations of economic crime against the suspect (Vile 2010).
What specific Constitutional rights must be upheld, and under what circumstances must they be upheld? Explain
The law enforcement agencies should uphold the freedom of all Americans to join a religious group or organization of their choice, exercising freedom of speech and press, making sure no suspect is culpable of capital or other infamous crime until proven guilty by the Grand Jury (Graham 2008). However, provisions regarding people accountable before indictment by the Grand Jury are clear in the Fifth Amendment.
Land or naval forces over and above Militia accordingly held instantaneously answerable for capital or infamous crime. The law acknowledges people's struggle to meet their daily needs; hence it prohibit excessive bails or fines on the suspect (Graham 2008).
What would be the rationale for the policy? Justify your response
The policy streamlines the ability of every person in the society to exercise freedom of expression and worship (Graham 2008). The law intends to eradicate bias of investigators of crime toward certain communities or believers in a given religion. The policy would also present suspects of crime or its equivalent to prove their innocence in a court of law before inflicting punishment or fines (Graham 2008). It would also review the hefty fines suspects had to shoulder initially. It is in essence a relief to suspects of the lower cadre.
How should evaluation the policy be done for potential weaknesses or gaps? Explain
The policy should contain provisions that would distinguish between an ordinary speech and an inflammatory statement (Graham 2008). The policy should also include provisions for acceptable forms of religion failure to which it would give a gateway for cults among other illegal groupings. It should spell out various crimes that are punishable by law with instantaneous crimes clearly elaborated (Graham 2008).
A current foreign policy that deals with the same issue
Foundation Legislation of the Russian Federation Concerning Culture
Passed: 1992; Amended 1999, 2000, 2001, 2002, 2003, and 2004.
What is the name of the country?
What is the name of the policy in the other country?
Cultural Bill of Rights what are the specific components of the policy? Explain in detail.
The policy guarantees a much greater assortment of liberties and auxiliary rights for its citizens. The measures are designed to ensure that the government guarantees the Russian citizens of individual liberties (David, 2008). It came into existence to ensure that the government is prohibited from infringing the Russian citizen's rights. The policy in the Russian Federation commits to protecting civic rights panoply and individual benefits including religious and political rights. The policy guarantees economic and social benefits its citizens are entitled to under the policy's framework corresponding to the American current bill of rights. For instance, article 14 ensures a guarantee of no state-sponsored religion, and article 28 guaranteeing Russian individual right to exercise any religion. Article 13 stipulates the non-existent of mandatory social/political ideology (David, 2008). Similarly, article 30 guarantees protection of association right including both political and economic e.g. trade unions. It declares protection over coercing any individual to join any association.
Article 29 guarantees the Russian citizens freedom of though and speech, but forbids inciting, racial hatred, national and strife propaganda (David, 2008). The same article guarantees media freedom but forbids censorship while guaranteeing public accessing to information. Article 31 ensures that citizens are guaranteed diplomatic assembling right in the process of holding political meetings, demonstrations and rallies. The Russian citizen's right of petitioning the government is in article 33 of the bill of rights policy. The people's legal equality is guaranteed in article 19 and 32 committing the Russian government to the state of being the guarantor of rights and liberties equality regardless of race, sex, nationality, origin, language, employment or property status, convictions, public…