Due Process
There are several Amendments within the United States Constitution twenty-seven to be exact, that have a noticeable impact on the way criminal offenders are processed through the criminal justice system in America. There are few of the rights guaranteed to criminal defendants by the U.S. Constitution that have a more tangible impact on the handling of offenders throughout the criminal justice system in the United States. These Amendments are the 4th, 5th, 6th, 8th, and the 14th Amendments of the US Constitution (Ingram L. J., 2009). The 4th, 5th, 6th, 8th, and the 14th Amendments of the US Constitution guarantees criminal defendants rights against unreasonable “searches and seizures”, protects against unfair treatment in legal processes, the right to have legal counsel present, right against “cruel and unusual punishments”, and the right to rights and equal protection of the laws. Why are the 4th, 5th, 6th, 8th, and the 14th amendments so impactful to the way criminal are processed through the criminal justice system in the United States? The best way to understand there impact to the criminal justice process is to have proper understanding of each of five amendments impact individually to have a fully understanding …show more content…
It has been said that “Eighth Amendment deals only with criminal punishment, and has no application to civil processes” (Criminal procedure: an overview, n.d). Juvenile offender under the eight amendment cannot be sentenced to death nor sentenced to life without parole for non-homicide offenses. This would constitutes as cruel and unusual punishment of a juvenile. As for adult offenders beheading, drawing and quartering, public dissecting, emboweling alive, and burning alive can all be constitutes as cruel and unusual punishment if used in the criminal justices system
There are several Amendments within the United States Constitution twenty-seven to be exact, that have a noticeable impact on the way criminal offenders are processed through the criminal justice system in America. There are few of the rights guaranteed to criminal defendants by the U.S. Constitution that have a more tangible impact on the handling of offenders throughout the criminal justice system in the United States. These Amendments are the 4th, 5th, 6th, 8th, and the 14th Amendments of the US Constitution (Ingram L. J., 2009). The 4th, 5th, 6th, 8th, and the 14th Amendments of the US Constitution guarantees criminal defendants rights against unreasonable “searches and seizures”, protects against unfair treatment in legal processes, the right to have legal counsel present, right against “cruel and unusual punishments”, and the right to rights and equal protection of the laws. Why are the 4th, 5th, 6th, 8th, and the 14th amendments so impactful to the way criminal are processed through the criminal justice system in the United States? The best way to understand there impact to the criminal justice process is to have proper understanding of each of five amendments impact individually to have a fully understanding …show more content…
It has been said that “Eighth Amendment deals only with criminal punishment, and has no application to civil processes” (Criminal procedure: an overview, n.d). Juvenile offender under the eight amendment cannot be sentenced to death nor sentenced to life without parole for non-homicide offenses. This would constitutes as cruel and unusual punishment of a juvenile. As for adult offenders beheading, drawing and quartering, public dissecting, emboweling alive, and burning alive can all be constitutes as cruel and unusual punishment if used in the criminal justices system