Criminal Policy
Amy Pandiscio
CJA/364
Tuesday, May 26th. 2015
Jason Huskey
Criminal Policy
The Fourth, Fifth, and Sixth amendment guarantee many rights to the people of the United States. This paper will explain the key elements that are secured by these amendments. It will also discussed how these policies have impacted criminal procedures are excercised by courts and police officers. Critical elements needed to meet the end state of this paper are the fourteenth amendment and the Bill of rights.
The pursuit of the American dream and happiness is made possible by the laws which are created and enforced by law enforcement from the highest to lowest levels. Without these laws and law enforcers, the liberties which make this country great could easily be violated, ruining the pursuits earlier talked about. The United States Constitution has many amendments which provide protections of American liberties. Out of the constitution, the amendments which are most critical to the protections are the Fourth, Fifth, Sixth, Eight and Fourteenth. The Fourth, Fifth, Sixth, Eighth and Fourteenth Amendments are the key to providing these protections.
Crime in the United States would be out of control without a stable criminal justice system. Without a strong criminal justice system and crime being out of control, a life filled with liberties, happiness and freedoms would only be a dream and not a reality. In order for a society to flourish and provide these liberties, there needs to be some manner of order. With this order, the security of the population would be outstanding. Here in the United States, the objective is to find middle ground where the government has the power to control the population and crime, while not infringing on the civil rights and liberties of its citizens. Herbert Packer, in an attempt to enlighten this balance, envisioned two models of criminal justice, which are the Due Process, and Crime Control models (Zalman, 2011).
The Fourth Amendment of the United States Constitution affords an assortment of important protections. Prior to conducting a obtaining a warrant for a search, seizure, and arrest, law enforcement must be able to establish probable cause (Zalman, 2011). Within the fourth amendment, it provides the people with the rights to be secure of their house, papers, and effects not being violated, as well as the right of people against unreasonable searches and seizure (Findlaw, n.d.). Before an arrest warrant can be issued, probable cause must be shown and analyzed by a judge. The must also be accompanied by an oath of affirmation by the individual making the complaint as well as a witness and it must only be written for a single violation. When the warrant is written there are things that should be included and specifically detailed and the location in which the search will be conducted, the specific person the warrant is targeting, and the items in which are being sought in relation to the crime.
A person right to be protected from self-discrimination is given by the Fifth Amendment. When a person who is in the process of being convicted of a crime, they may choose to not talk to any law enforcement or authorities about anything concerning a particular crime without legal representation. When held, a person is presented the opportunity to respond to questioning regarding the evidence found, or remain silent until they are in the presence of legal representation. Once in the presence of a legal representative, the accused and counsel can be questioned and probable cause can be either established or the person be ruled out and released.
Also included in the Fifth Amendment, are the rights to due process, self-incrimination as well as protection against double jeopardy, or being put on trial for the same crime twice. Rules for indictment are also established and outlined within this amendment (National Archives 2011). The Miranda statement that is given by law enforcement lines out this amendment, in