Criminal Law Foundations Evaluation (Essay Sample)

Criminal Law Foundations Evaluation
Name
Institution
Date due
Criminal Law Foundations Evaluation
In the United States, the Constitution is the highest law, the other laws that are used come from the Amendments and the Constitution. The constitution rules how the government should work; it is in its jurisdiction to create the Presidency, the Supreme Court, and the Congress. In the United States, each state also has their constitution that they follow. The States Constitution is their highest laws that they follow, but the United States Constitution is much higher.
The Constitution is prone to change, and can be changed by an amendment. The amendment usually contains a list of the rights of people that needs to be amended, if the government violates the rights it will be illegal. Twenty-seven amendments have occurred as of 2006, which are called the bill of rights. The 4th amendmentdoes not allow unreasonable seizures and searches, and it also requires a warranty to be issued by a judge for the action to take place. The provision has an ultimate goal of protecting people’s rights to freedom from arbitrary government intrusions and privacy. The right that is protected by the rule is that of securing houses, persons, effects, and papers against unreasonable seizures and searches, shall not be violated(Levy, Leonard Williams 1995).
The 5thamendment has a provision whereby it protects you from being held after committing a crime unless the police have indicted you correctly. The amendment has the provision whereby the state has to respect your legal rights. You cannot be tried for the same crime twice as described by double jeopardy unless it is a hung jury or mistrial. The Miranda Rights is the most well-known right of the 5th amendment; right against compelled self-incrimination. In any criminal case, you cannot be forced to be a witness against yourself. When a person is in custody, they are given a Miranda warning so that they can protect his or her 5thamendment right against self-incrimination. The second part of the Miranda warning protects a suspect’s Sixth Amendment right to counsel. The warnings read as follows:
* You have a right to be silent.
* If you say or doanything, it can be used against you in a court of law.
* You have a right to have a lawyer present during the questioning.
* If you cannot afford a lawyer, one will be provided for you if you desire so.
The effect that the Miranda rights have on day to day operations of the courts is that the courts have become more reluctant to curve out the exceptions to Miranda’s exclusionary rule. The court is only concerned with what it sees as outrageous situations. There are some cases where the court has honored Miranda laws more than the fourth amendment. The Miranda has monumental importance in that you can be protected by it because the courtshonor Miranda. The impact of these safeguards has also led to the fight by the politicians to oust the Miranda(LaFave, Wayne R., Jerold H. Israel, and Nancy J. Kings, Eds 2000).
The Miranda rule was protective of the Fifth Amendment, where the court has to insist on it when a person who has committed a crime has been presented before the jury. Miranda is the only criminal law that most Americans have heard of, which makes it difficult for the court to overturn it but embrace. The Miranda laws are sometimes considered as a mutilation of the Constitution rules. But the court must uphold it because the warnings are part of the national culture. It goes own to suggest that the courts must at all times uphold the Miranda warns failure to which it may affect the ruling of a case if a court does not support the right. The warnings that are provided in the Miranda rights provision are more workable in courts than any of its voluntariness predecessors.
The court therefore by upholding the Miranda compels the state to abide by the law and not to violate. The Miranda laws create a public safety exception to the warning, and this has also established a curious progeny in the courts.
The 6th amended provides certain rights to individuals who have been accused of committing certain crimes. The speed trials that are in the amendments prevent defendants from being locked in jail for an indefinite period before trial. It has an impact on the juvenile and adult’s courts where they have to carry out judgments on cases to minimize the time in which a defendant’s life is burdened. It also prevents the disruption of defendant’s life, anxiety and the scrutiny that accompanies the public criminal proceedings (Kilman, Johnny; Costello, George, eds. 2006). 
The rights of speedy trials arise when the government has indicted accused or formally arrested a person. Under the sixth amendment obligation to investigate, discover, prosecute or accuse a particular defendant the government is obliged to abide by the rules. Though the speedy trials are not implicated in the post-trial criminal activities; such as parole and probation hearings, the court must at all times ensure that the speedy trial rights are observed. But when the defendant engages in actions that prolong the pretrial phase will forfeit their rights to speedy trials. For example, if the accusedengages the court in pretrial motions they will be treated as having waived their rights for speedy trials.
The court will then bar the defendants from benefiting from their misconduct. When a defendant has been arrested, and there is a delay of at least one year in bringing him or her to trial, it will trigger the assumption that the court has violated the 6th amendment. If the prosecution requests for additional time to prepare for a difficult or complicated case, the juvenile and adult courts will condone the longer delays. The trial is usually a critical stage in criminal proceedings as are sentencing, jury selection, and ...