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Criminal Law Foundation Evaluation Law Essay Paper (Essay Sample)


Write a 1,600- to 1,700-word paper identifying and evaluating the constitutional safeguards provided by the 4th, 5th, and 6th Amendments to the United States Constitution as they apply to both adult and juvenile court proceedings. Discuss the impact that these safeguards (e.g., Right to Counsel, Miranda Warnings, speedy trial, the exclusionary rule, etc.) have on the day-to- day operation of adult and juvenile courts.


Constitutional Safeguards Provided by the 4th, 5th, and 6th Amendments
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Constitutional Safeguards Provided by the 4th, 5th, and 6th Amendments
The American Constitution outlines what is considered legal and what amounts to illegal or crime in the American democratic society. It acts as the framework and blueprint that sets the parameters that define the American society. The amendment schedule which is now in the constitution was not there previously. However, legislators realized that some of the provisions in the constitution were excessively gray in regard to wording and could thus contribute to injustices; this created the need for the amendments to be made (Memmel, 2020). The primary reason for the amendment of the American constitution was to ensure the rights of the people were well safeguarded. Every amendment has various tenets whose aim is to protect and safeguard the rights and freedom of the people as contained in the constitution. The 4th, 5th, and 6th amendments elaborately support and contribute to the safeguarding of the rights and freedom of individuals who are accused during trail to ensure they receive justice.
Every citizen in the United States of America is entitled to rights and freedom by their virtue of being American citizens. This also applicable even when the citizens have breached the law and have been accused and charged before a court of law to respond to the charges (Greife & Hull, 2020). In this case, the Constitution plays a crucial role as shown in its wording and ensure as it seeks to ensure that the accused receives justice and a fair trial by ensuring that the trial adheres to the law to ensure quality to the accused. Ideally, the Constitution requires that all the rights and freedom which are contained in the supreme laws should be applicable to and enjoyed by every American citizen without any form of interference or restriction. Further, one’s rights cannot be curtailed once they have been accused or arrested until they have been fairly proven guilty of the accusations. Their rights cannot, however, be violated since they are still American citizens.
4th Amendment
The 4th amendment outlines the various safeguards that one should enjoy against unreasonable searches. The amendment protects the rights of the citizens and gives them freedom as it protects their right to safety within their houses, persons, and personal effects against unreasonable seizures and searches. The amendment requires that this right should not be violated (Stoughton, 2020). As a result, the amendment requires that a search warrant is only issued in the event of a probable cause. The warrant should also have a supporting oath or affirmation that gives in-depth details on the venue to be searched and the property or individuals who are to be seized following the search. This means that the 4th amendment plays a crucial role in protecting the justice and rights of Americans since it protects them against unwarranted and general searches from the government. It also ensures that the law enforcement officers who are entrusted with the role of conducting searches, arrests, seizures, and conducting investigations do not use their power and authority in harassing citizens.

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