Friday, January 10, 2020
Define the 4th 5th 6th and 14th Amendments Essay
The Constitution is the highest law in the United States. All other laws come from the Constitution and Amendments. It rules how the government should work. It creates the Presidency, Congress, and the Supreme Court. Each state also has a constitution. The constitutions of the states are their highest law for that state ââ¬â but the United States Constitution is higher. The Constitution can be changed, and itââ¬â¢s changed by an ââ¬Å"amendment.â⬠Among the amendments is a list of the rights of the people. It is illegal for the government to violate those rights. As of 2006, there are 27 amendments. Not all of them involve rights, but many do. The first ten amendments are special. They are called the Bill of Rights. An outline of the 4th, 5th, 6,th and 14th Amendments of the Constitution are as follows.The 4th Amendment, prohibits unreasonable searches and seizures and requires a warrant to be issued by a judge. The ultimate goal of this provision is to protect peopleâ⠬â¢s right to privacy and freedom from arbitrary governmental intrusions. The right of the people to be secure in their persons, houses, papers, and effects, against unreasonable searches and seizures, shall not be violated. But no Warrant, but upon probable cause. The 5th Amendment, protects you from being held for committing a crime unless you have been indicted correctly by the police. Also that the state have to respect your legal rights. Double Jeopardy is also described as you can not be tried for the same crime twice, unless itââ¬â¢s a mistrial or hung Jury. The most well known right of the 5th Amendment is your Miranda Rights; right against compelled self-incrimination. Also you can not be compelled in any criminal case to be a witness against yourself. A person who is ââ¬Å"in custodyâ⬠must be given the Miranda warning to protect his Fifth Amendment right against self-incrimination. However, the second part of the Miranda warning protects a suspectââ¬â¢s Sixth Amendment right to counsel. The Miranda warning is read as follows: You hav e the right to remain silent. If you do say anything, it can be used against you in a court of law. You have the right to have a lawyer present during any questioning. If you cannot afford a lawyer, one will be appointed for you if you so desire. The 6th Amendment, of the Unites States Constitution of the Bill of Rights guarantees a citizen a speedy trial, a fair jury, an attorney if the accused person wants one, and the chance to confront the witnesses who is accusing the defendant of a crime, meaning he or she can see who is making accusations. Also the accused has the right to force anyone to come to their trial that they believe can help their case. The 14th Amendment was one of Americaââ¬â¢s three Reconstruction Amendments. Adopted on July 9, 1868, the 14th Amendment was aimed at protecting the citizenship rights and equal protection of all Americans but primarily former slaves. All persons born or naturalized in the United States, and subject to the jurisdiction thereof, are citizens of the United States and of the State wherein they reside. No State shall make or enforce any law which shall abridge the privileges or immunities of citizens of the United States; nor shall any State deprive any person of life, liberty, or property, without due process of law; nor deny to any person within its jurisdiction the equal protection of the laws.
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