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Rights of the Accused

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Rights of the Accused Down through the years our Constitution has undergone many changes and revisions for the sake of equality. The Constitution defines the rights of a free people, whose rights and liberty are derived from their creator (Meese, 2009). After the Civil War new amendments were added to the Constitution in order to ban slavery and protect newly freed slaves. The Fourteenth Amendment, ratified in 1868, implemented no state shall deprive any person of life, liberty, or property without due process of law (Wilson, 2011). The Fourteenth and the Fifth Amendment represent the right of due process. The due-process clause refers to fair procedures and equal protection of laws for all persons in the United States. The Fifth Amendment, ratified in 1791, also insists that no person shall be deprived of life, liberty or property without due process of law. Even though this amendment applies to the federal government, the due process clause guarantees that a party will receive a fair, orderly, and just judicial proceeding (Cornwell, 2005). The Constitution prohibits all levels of government from unfairly depriving individuals of their Constitutional Rights. Due process was designed to protect the accused against abuses by the federal government. Evidence gathered illegally or unlawfully can not be used in a trial. This method refers to the exclusionary rule. This rule allows evidence that was gathered in violation to the Constitution to be excluded and not permissible in a court of law
(Meese, 2009). The Fourth Amendment, "The right of the people to be secure in their persons, houses, papers, and effects, against unreasonable searches and seizures, shall not be violated, and no warrants shall issue, but upon probable cause, supported by oath or affirmation, and particularly describing the place to be searched, and the persons or things to be seized", prohibits the national government the authority to make general searches and seizures of property (Cornwell, 2009). A police officer can "reasonably" search if they have a search warrant and if someone has been lawfully arrested. In the event a civilian is arrested, the police officer has the liberty to search the person that has been placed under arrest, items that are in plain view, and things or places under the detainees immediate control (Wilson, 2011). The Constitution also protects one from self-incrimination and double jeopardy. Self-incrimination is protected under the Fifth Amendment. The Fifth Amendment protects criminal defendants from having to testify if they may incriminate themselves through their testimony (Wilson, 2011). A witness may "plead the Fifth" and not answer if the witness believes answering the question may be self-incriminating. The Double Jeopardy clause protects one from being tried for the same offense. This clause protects against the harassment of an individual through successive prosecutions of the same alleged act, to ensure the significance of an acquittal, and to prevent the state from putting the defendant through the emotional, psychological, physical, and financial troubles that would accompany multiple trials for the same alleged offense. Double Jeopardy is: a guarantee that a defendant will not face a second prosecution after an acquittal, a guarantee that a defendant will not face a second prosecution after a conviction, and a guarantee that a defendant will not receive multiple punishments for the same offense. Courts, however, have not interpreted the Double Jeopardy Clause as either prohibiting the state from seeking review of a sentence or restricting a sentence's length on rehearing after a defendant's successful appeal.
(Cornwell, 2009) The Sixth Amendment grants the right of an individual accused of a crime, the right to have counsel for his defense. The Sixth Amendment states: In all criminal prosecutions, the accused shall enjoy the right to a speedy and public trial, by an impartial jury of the state and district wherein the crime shall have been committed, which district shall have been previously ascertained by law, and to be informed of the nature and cause of the accusation; to be confronted with the witnesses against him; to have compulsory process for obtaining witnesses in his favor, and to have the assistance of counsel for his defense. This Amendment protects individuals on a state and federal level as it relates to legal representation. (Cornwell, 2009) The Eighth Amendment protects against cruel and unusual punishment. Under this Amendment no excessive bail shall be required, nor excessive fines imposed, nor cruel and unusual punishments inflicted. The cruel and unusual punishments clause restricts the severity of punishments that state and federal governments may impose upon persons who have been convicted of a criminal offense. The Excessive Fines Clause limits the amount that state and federal governments may fine a person for a particular crime. The Excessive Bail Clause restricts judicial discretion in setting bail for the release of persons accused of a criminal activity during the period following their arrest but preceding their trial. (Farlex, 2008) Capital punishment is covered under the Eighth Amendment. The judicial system is designed that each state is allowed to pursue their own policies regarding capital punishment. Capital punishment is not considered to be "cruel and unusual punishment". However, each state was warned that the death penalty must be carried out in a fair and consistent manner.
(Meese, 2009)

REFERENCES Cornwell. (2005). Fifth amendment . Retrieved from http://www.law.cornell.edu/wex/fifth_amendment Cornwell University , L. S. (2009). Fourth amendment. Retrieved from http://www.law.cornell.edu/constitution/fourth_amendment Farlex. (2008). Define 8th amendment. In (2 ed.). Retrieved from http://legal-dictionary.thefreedictionary.com/Eighth Amendment Meese, E. (2009, 09 16). The meaning of the constitution. Retrieved from http://www.heritage.org/research/reports/2009/09/the-meaning-of-the-constitution

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