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Constitutional Amendments and the Criminal Justice Process

Overview

The U.S. Constitution affords citizens various rights and freedoms. These include freedom of religion, freedom from unreasonable search and seizures, and the right to equal justice. As upholders of the Constitution, police officers swear an oath to uphold people’s Constitutional rights as they perform their duties to prevent, reduce, and address criminal activities.

Of the 27 amendments to the U.S. Constitution, four amendments in particular pertain to the criminal justice process:

The Fourth Amendment prevents unreasonable searches and seizures.
The Fifth Amendment affords people various rights in criminal and civil proceedings. Examples include the right to a grand jury and due process. It also allows people to protect themselves from self-incrimination, and it prohibits double jeopardy
The Sixth Amendment guarantees various rights to criminal defendants, such as the right to a speedy trial, a lawyer, and an impartial jury. It also guarantees defendants the right to know who their accusers are and the nature of the charges and evidence against them.
The Eighth Amendment prohibits the federal government from imposing excessive bail, excessive fines, or cruel and unusual punishments.

In this assignment, you will be asked to:

Explain the meaning and importance of these four amendments.
Illustrate with an example how the amendment applies to a player and a step in the criminal justice process.
Illustrate with an example, from case law or contemporary articles, of how the amendment applies to the particular player and step in the criminal justice process.

Instructions

Use the Constitutional Amendments and Criminal Justice Process Template [DOCX] to:

Provide the text of the Fourth, Fifth, Sixth, and Eighth Amendments, along with your interpretation of them and their importance.
- Note: The Fourth Amendment is completed for you as an example to guide your work on the remaining three amendments. Likewise, be sure to refer to the work you did in this week's discussion on the Fifth and Sixth Amendments as you complete this portion of your assignment.
Illustrate with an example how the amendment applies to a player and a step in the criminal justice process (for example, Fourth Amendment—law enforcement—arrest).
Refer to 3Ps of Criminal Justice document (left-hand menu) as you work on this portion of your assignment.
Illustrate with an example, from case law or contemporary articles, how the amendment applies to the particular player and step in the criminal justice process.