AMERICAN GOVERNMENT

Colorado Technical University

Instructor: Professors Jeter

Connie Hutson

17 December 2012 

Fourth Amendment of the Bill of Rights

The Fourth Amendment is entrenched in English legal doctrine. Sir Edward Coke, in Semayne's case (1604), famously stated: "The house of every one is to him as his castle and fortress, as well for his defense against injury and violence as for his repose." Semayne's Case acknowledged that the King did not have unbridled authority to intrude on his subjects' dwellings but recognized that government agents were permitted to conduct searches and seizures under certain conditions when their purpose was lawful and a warrant had been obtained (Senzell, S. 2008).

The Constitution defines the bill as this; “The right of the people to be secure in their persons, houses, papers, and effects, against unreasonable searches and seizures, shall not be violated, and no warrants shall issue, but upon probable cause, supported by oath or affirmation, and particularly describing the place to be searched, and the persons or things to be seized.”

This bill protects citizens against the violation of their rights to privacy of property where it restricts the arbitrary searching and seizing as well as arrest of property or a suspect without the express consent which is in the form of a warrant that is judicially acquired and also with enough probable cause to do so (Akhil 1998).

The amendment came to being as a result of the misuse of the writ of assistance which was a general search warrant that was used in the American Revolution. The extent to which an officer of the law can search and seize the property or arrest a suspect is limited to the information supplied to the issuing court by the law enforcement officer who has sworn by the authenticity of said information.

One way the courts enforce the Fourth Amendment is by use of the exclusionary rule. The rule provides that evidence obtained through a violation of the IV Amendment is not admissible by the prosecution during the defendant's criminal trial. The Court adopted the exclusionary rule in Weeks v. United States, 232 U.S. 383 (1914), prior to which all evidence, no matter how seized, could be admitted in court.

The Fifth Amendment of the Bill of Rights

Amendment five of the Bill of rights states that “No person shall be held to answer for a capital, or otherwise infamous crime, unless on a presentment or indictment of a Grand Jury, except in cases arising in the land or naval forces, or in the Militia, when in actual service in time of War or public danger; nor shall any person be subject for the same offence to be twice put in jeopardy of life or limb; nor shall be compelled in any criminal case to be a witness against himself, nor be deprived of life, liberty, or property, without due process of law; nor shall private property be taken for public use, without just compensation” (Kootz R 2012)

The Fifth Amendment had exemptions this was stated as in cases arising in the land or naval forces, or in the Militia, when in actual service in time of War or public danger.

Grand jury: The Fifth Amendment demands that an accused be presented in front of a grand jury who shall decide if the defendant has a case to answer.

Double jeopardy: The double jeopardy clause dictates that no person after being acquitted of charges shall be re-accused of the same charges, jeopardy is activated when the jury is empaneled, the first witness is sworn, or a plea is accepted, after acquittal the government prosecutor is not allowed to retry the case Find Law (2012).

Self-Incrimination: The fifth protects accused from making utterances that may lead to self accusation because the response could provide self-incriminating evidence of an illegal act punishable by fines, penalties or forfeiture. The Supreme Court has held that "a witness may have a reasonable fear of prosecution and yet be innocent of any wrongdoing. The privilege serves to protect the innocent who otherwise might be ensnared by ambiguous circumstances Ohio vs. Reiner 532 us.17 (2001).

Eminent Domain: The supreme court says that every state has imminent authority over all land that lies within its borders as long as its used for the public good the powers of eminent domain are checked by a clause that states that just recompense has to be given to persons whom land is taken from for public use. In Kelo v. City of New London, the U.S. Supreme Court rendered a controversial opinion in which they held that “a city could constitutionally seize private property for private commercial development.” (2005).

Sixth Amendment of the Bill Of Rights

The sixth amendment contains the rights that govern criminal prosecution it states that “In all criminal prosecutions, the accused shall enjoy the right to a speedy and public trial, by an impartial jury of the State and district wherein the crime shall have been committed, which district shall have been previously ascertained by law, and to be informed of the nature and cause of the accusation; to be confronted with the witnesses against him; to have compulsory process for obtaining witnesses in his favor, and to have the Assistance of Counsel for his defense. Kootz (2012)

Speedy trial: The need for speedy trial was informed by the reasoning that the accused needed to know his fate early enough and be saved the anguish of waiting also that so as not to disrupt their daily routine and also it sought to ease the burden of anxiety and scrutiny accompanying public criminal proceedings, and to reduce the chances that a prolonged delay before trial will impair the ability of the accused to prepare a defense. It was argued that the longer the commencement of a trial is postponed, courts have observed, the more likely it is that witnesses will disappear, that evidence will be lost or destroyed, and that memories will fade (Linda, R. 2012).

The Founding Fathers believed that public criminal proceedings would operate as a check against malevolent prosecutions, corrupt or malleable judges, and perjurious witnesses. The public nature of criminal proceedings also aids the fact-finding mission of the judiciary by encouraging citizens to come forward with relevant information, whether inculpatory or exculpatory.

Impartial jury: The right to a jury depends on the type of crime committed if it’s a petty crime that doesn’t attract imprisonment exceeding six months the jury is not commissioned

Right to counsel: Every accused person is given a right to procure the services of a barrister, if they cannot be able to afford one is provide to them by the court on a probonal basis.

Reference

References

Akhil, R., 1998 1st edition, The Bill of Rights: Creation and Reconstruction, Yale University,

retrieved from Legal Information Institute, Bill of rights, on December 11, 2012 from