Essay on Bill of Rights: A Vital Component of US Constitution

The Rights’ Bill is a vital component of the Constitution of the United States that was premeditated to ensure the elementary of the citizens. Originally, the constitution consisted of around ten amendments, but later 17 more amendments were added to it. Particular parts of the additional amendments, as well as the Bill of Rights, had a key impact on the system of criminal justice. These amendments encompass the 4th, 5th, 6th, 8th, as well as 14th amendments (Bills of Rights Institute, 2020). The purpose of these amendments was to make sure that individuals are treated legally if arrested or suspected of crimes. This paper aims at discussing these amendments basing the idea on the rights contained in them.

Is your time best spent reading someone else’s essay? Get a 100% original essay FROM A CERTIFIED WRITER!

Order now

The purpose of the Fourth Amendment is to protect individuals from unreasonable searches as well as seizures with no warrant. However, this contains having their homes, items, as well as person in their homes, searched as well as reserved other officials or police. For citizens, it is positive since it defends their privacy along with preventing police from capriciously searching through and enchanting property (Grabel, n.d). To a law enforcement perspective, it has a negative impact since it grants some criminals an opportunity to destroy or remove the evidence before an authorization can be obtained.

The fifth Amendment implies that an individual cannot be punished or prosecuted before being granted a due process. Due process is the legal rights of an individual under the law that includes being obliged with notice as well as being granted a right to listened to defend yourself. Under this Amendment, the criminal can also decide to remain silent not to fall dupe to self-discrimination. The Sixth Amendment grants a defendant a trial right that is arbitrated by the victim peers’ jury. During this trial, the defendant has the right to know the nature of the charges, have legal depiction, as well as face any eyewitnesses for the prosecution.

In the eighth Amendment, it is stated that for the victim to be released from the jail, the bail must be paid by that person, and it states that the court cannot set excessive bail. As a result, it prevents judging from charging bail that is based on individual feelings or predispositions against the defendant. The fourteenth Amendment contributes the American’s civil rights. Since before the constitution was made, African-Americans were not considered as the United States’ citizens, this Amendment made anyone who was born in the U.S a legal citizen (Grabel, n.d). It also made it prohibited for any nation to deny individuals equal defense under the law.

Considering these amendments, I chose to discuss the fourth Amendment since it is in the unsurpassed people’s interest. Probable cause, as well as the exclusionary statute, are the two significant legal perceptions that are contained in this Amendment. Probable cause decelerates the process of arrest as well as protects citizens from irrational searches as well as seizes. The exclusionary rule implies that the evidence that is obtained illegally along with the statements that are obtained via an illegal debriefing, in the desecration of the 4th, 5th, and 6th Amendment of the U.S constitution, is precluded at the trial of the criminal of an individual whose rights were sullied (Bills of Rights Institute, 2020). The fourth Amendment has impacted procedures that are implemented in the enforcement of the law since if the officer attempts to use indication obtained in the case with no search authorization, it will not be considered in the court, and the person who committed the crime can be released free since the evidence was obtained improperly.

I agree with the implementation of rights in the system of criminal justice. Sometimes, a search warrant cannot be obtained immediately by the office because the judge must approve it before it is issued. For example, let us say the officer believes that the headteacher of Auko primary school has been interacting with the girls wrongly, and his laptop has child phonography. Due to the claims from the parents, the officer goes to the headteacher’s home, and since he has no evidence to hold the headteacher accountable, the officer requests him to see what is on the laptop. The headteacher refuses and orders the officer to leave his home. In this case, the officer has no right to view the teacher’s things. After the officer leaves to go and come with the search warrant officer, the headteacher exchanges the laptop, and by the time they come back, they find the headteacher already with a new laptop but the same color that has no child phonography. In this, the headteacher cannot be jailed because they have no evidence of the parent’s claim.

In conclusion, the Amendment for the Bill of Rights is essential for citizens' protection. If these laws were not introduced, criminals would be facing several challenges in jail. There is a procedure to jail an individual, and for the judge to approve the case, the four requirements for the search warrant must be met. The Amendment contains both positive as well as negative effects on the law.

References

Bills of Rights Institute. (2020, February 25). Bill of Rights. Bill of Rights Institute. https://billofrightsinstitute.org/founding-documents/bill-of-rights/.

Grabel, S. (n.d). Criminal Amendments in the Bill of Rights. https://www.grabellaw.com/criminal-amendments-in-the-bill-of-rights.html.