Valerie Gonzalez Constitutional Provisions

Valerie Gonzalez Constitutional Provisions

Order ID	53563633773
Type	Essay
Writer Level	Masters
Style	APA
Sources/References	4
Perfect Number of Pages to Order	5-10 Pages

Description/Paper Instructions

Valerie Gonzalez Constitutional Provisions

 

“Constitutional Provisions”

The constitution protects the integrity of criminal process and the basic components. According to Schubert (2015), the basic components are “(1) the wrongful act, (2) the guilty mind, (3) the concurrence of act and intent, and (4) in some crimes causation. To obtain a conviction in a criminal case, the government has to establish each of these components beyond a reasonable doubt (p.258).” and according to Schubert (2015), criminal procedure is “that area of the law that deals with the administration of criminal justice, from the initial investigation of a crime and the arrest of a suspect, through trial, sentence, and release (p. 277).”

Therefore, with the required basic components listed above and the following Amendments this is how the constitution protects the integrity of the criminal process. These key Amendments are the Fourth, Fifth, Sixth, Eighth, and Fourteenth (Schubert, 2015, p. 278). These amendments afford the constitutional limitations on the way governmental officials may proceed in a criminal investigation. According to Schubert (2015), “investigating criminal offenses and prosecuting alleged criminal offenders are primarily contained in the very general statements of the Fourth, Fifth, Sixth, Eighth, and Fourteenth Amendments to the U.S. Constitution.”

In my opinion, these amendments provide adequate protection as they have for decades. As the saying goes “if it ain’t broke don’t fix it.”

Mariana Monima

Laws are set in place to ensure individuals’ interactions with others and the government are not unruly. Specific laws have been created to provide specific direction to solve disputes among citizens with the initial complaint, through the trial, and judgment. The laws also provide protection to the citizens to ensure the government provides a fair trial to the parties involved.

Criminal procedure begins when an individual commits a crime which is reported to the authorities. In order for an officer to conduct an arrest, they must have probable cause to obtain a search warrant and, if necessary, an arrest warrant. The Fourth Amendment prevents authorities from searching citizens’ homes or personal property illegally, even if doing so to find evidence to be used in the prosecution of the individual. Once the trial begins, the Fifth Amendment provides an individual the right to stay silent to avoid giving any information which may incriminate them further. The Sixth Amendment ensures an individual the right to have a speedy trial in order avoid a longer than necessary jail sentence while waiting for trial. The Sixth Amendment also assures the defendant has the right to a fair jury, which is carefully selected to avoid a biased judgment. The Eighth Amendment prevents the sentences from being unreasonable compared to the crime committed.

Procedural due process makes justice more likely to occur when the correct procedures have been followed. The Fourth, Fifth, Sixth, and Eighth Amendments provide an individual the adequate protections necessary to avoid being tried unfairly or to receive an unjust sentence.

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