The Four Amendments Of The Bill Of Rights

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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 …show more content…
Wainwright 1963, Clarence Ear Gideon was charged with a felony in the state of Florida. Gideon asked the court for a lawyer. Florida’s laws are an attorney are only offered defendant in capital cases. The court denied Gideon of a lawyer in his case and proceeded. Gideon was found guilty. Gideon was sentenced to serve five years in prison. The question a state with Gideon case was if the Sixth Amendment was violated (Oyez). The Court held that the state and federal courts must respect the right of the Sixth Amendment. The Court reassured that any defendant who could not afford an attorney would have one appointed to the defendant. The Sixth Amendment allows citizens the right of an attorney in criminal cases (Oyez). The case of Gideon v. Wainwright 1963, caused issues between Judges and the Amendments, the judges argued the relation between Fourteenth Amendment and the Bill of Rights, the right of counsel should apply in all cases, and “special circumstance” should not be decided over majority’s opinion (Oyez). The case of Robinson v. California in 1962, Lawrence Robinson was convicted under different circumstances. It was a criminal offense for people to be addicted to any narcotics and the punishment was a minimum of ninety days in jail. The question at hand in this case was if the Eighth Amendment was violated by unusual and cruel punishment …show more content…
The Courts decided this because they felt addition was an illness. The Courts agreed it was a violation of the Eighth, also the Fourteenth Amendment. It was agreed that a citizen could not be punished over an illness (Oyez). Another interesting case that violated the Eighth Amendment was United States v. Salerno. The case of United States v. Salerno allowed the federal courts to make arrest before the trial. These arrests were allowed due to the 1984 Bail Reform Act. The government just had to prove that whomever they wanted to arrest were a threat to the community. Salerno was accused of being important part of the La Cosa Nostra family. The Question in hand for the case was the Fifth Amendment’s Due Process Clause violated (Oyez). The conclusion of this case showed that the Court held the Bail Reform Act. The Court held it because protecting the society outweighs the accused. The Bail Reform Act is only applied to certain offenses and the prof of threat to society has to be proven. These steps cannot affect the criminals right to a speedy trial. The Courts disagreed with Salerno when it came to his rights being violated for Excessive Bail Clause too

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