The U.S. Constitution was established in 1787. The Constitution created a stronger federal government with three branches–executive, legislative and judicial–along with a system of checks and balances. The Bill of Rights was ratified in 1791. The Bill of Rights guaranteed basic individual rights to all Americans. The Bill of Rights consists of the first 10 Amendments to the constitution. The question asks specifically about the Fourth, Fifth, Sixth, and Eighth Amendments. The Fourth Amendment protects persons from unreasonable searches and seizures. Under most circumstances it requires a judge to issue a search warrant. The search warrant authorizes police officers to search and seize evidence of criminal activity. Warrants can only be
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The Sixth Amendment rights includes the right to a speedy and public trial, the right to an impartial jury in the state and district where the crime occurred, the right to be informed of the accusation against them, the right to confront opposing witnesses, and the right to counsel (Bohm & Haley, 2012). The Eight Amendment protects against cruel and unusual punishments. The courts have historically rules that punishment is not cruel or inhumane if it is not grossly disproportionate to the magnitude of the crime, if it has been imposed for other offenses in other jurisdictions, and if it has been imposed for other offenses in the same jurisdiction. The Eight Amendment also protects against excessive bail and fines (Bohm & Haley, 2012). The primary reason for procedural rights is to protect innocent people as much as possible, from being arrested, charged, and convicted or punished for crimes they did not commit (Bohm & Haley, 2012). An article in the Georgia Law Review argues that both the intent of the Bill of Rights and current events should be taken into account when making decisions with regard to current cases (Steven,
The Sixth Amendment rights includes the right to a speedy and public trial, the right to an impartial jury in the state and district where the crime occurred, the right to be informed of the accusation against them, the right to confront opposing witnesses, and the right to counsel (Bohm & Haley, 2012). The Eight Amendment protects against cruel and unusual punishments. The courts have historically rules that punishment is not cruel or inhumane if it is not grossly disproportionate to the magnitude of the crime, if it has been imposed for other offenses in other jurisdictions, and if it has been imposed for other offenses in the same jurisdiction. The Eight Amendment also protects against excessive bail and fines (Bohm & Haley, 2012). The primary reason for procedural rights is to protect innocent people as much as possible, from being arrested, charged, and convicted or punished for crimes they did not commit (Bohm & Haley, 2012). An article in the Georgia Law Review argues that both the intent of the Bill of Rights and current events should be taken into account when making decisions with regard to current cases (Steven,