The U.S. Constitution was established to give an understanding of the principles and the laws of the nation. The U.S. Constitution contains twenty-seven amendments. The first ten amendments are known as the Bill of Rights. The Bill of Rights was created to protect rights of citizens of the United States and balance the power of the government. The four amendments of the Bill of Rights that deal with criminal procedure are the Fourth, Fifth, Sixth, and Eighth Amendments. (Neubauer & Fradella, 2015) The four amendments of the Bill of Right that deal with criminal procedure protect citizens. The Fourth Amendment states that the law enforcement cannot arrest a citizen or search his or her property unless there is probable cause. The Fifth Amendment
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The Sixth Amendment also covers the right to question witnesses against them and the right to get his or her own witnesses to testify. The Eighth Amendment controls the bail, fines, and punishment. The Eighth Amendment does not allow the government to demand excessive bail, excessive fines, or any cruel and unusual punishment. (Alchin, 2015) The principle of Due Process must be applied equally to all citizens accused of any crime. The U.S. Constitution states the government shall not deny any citizens of “life, liberty, or property, without due process of law…” (American Government, 2016). This phrase is used in the Fifth and Fourteenth Amendment, which protect the citizens against actions of the federal government and actions against the state and local governments. (American Government, 2016) In the case of Mapp v. Ohio 1961, the appellant, Dollree Mapp was convicted of possessing obscene materials. The conviction was made possible from the illegal police search of her home for a fugitive. Mapps appealed her conviction off the Fourth Amendment. The Fourth Amendment protects freedom of expression. The question of the case against Mapps was if the evidence obtained through the search violated the Fourth Amendment and should it been allowed for criminal proceeding …show more content…
Maryland, John Dalmer Benton was charged with burglary and larceny. The jury found him guilty of burglary and not guilty of larceny. Benton was sentenced ten years in prison, then he appealed that the jury was selected unconstitutionally. Benton’s case was remanded and chose to have a new grand jury. The new jury found him guilty for larceny and burglary. Benton argued that since he was found not guilty for the larceny charge before that it was double jeopardy. The question at state with Benton’s case is if the Fifth Amendment was violated by the second indictment, trial, and conviction for larceny
The Sixth Amendment also covers the right to question witnesses against them and the right to get his or her own witnesses to testify. The Eighth Amendment controls the bail, fines, and punishment. The Eighth Amendment does not allow the government to demand excessive bail, excessive fines, or any cruel and unusual punishment. (Alchin, 2015) The principle of Due Process must be applied equally to all citizens accused of any crime. The U.S. Constitution states the government shall not deny any citizens of “life, liberty, or property, without due process of law…” (American Government, 2016). This phrase is used in the Fifth and Fourteenth Amendment, which protect the citizens against actions of the federal government and actions against the state and local governments. (American Government, 2016) In the case of Mapp v. Ohio 1961, the appellant, Dollree Mapp was convicted of possessing obscene materials. The conviction was made possible from the illegal police search of her home for a fugitive. Mapps appealed her conviction off the Fourth Amendment. The Fourth Amendment protects freedom of expression. The question of the case against Mapps was if the evidence obtained through the search violated the Fourth Amendment and should it been allowed for criminal proceeding …show more content…
Maryland, John Dalmer Benton was charged with burglary and larceny. The jury found him guilty of burglary and not guilty of larceny. Benton was sentenced ten years in prison, then he appealed that the jury was selected unconstitutionally. Benton’s case was remanded and chose to have a new grand jury. The new jury found him guilty for larceny and burglary. Benton argued that since he was found not guilty for the larceny charge before that it was double jeopardy. The question at state with Benton’s case is if the Fifth Amendment was violated by the second indictment, trial, and conviction for larceny