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In this paper, I will discuss Amendments VI, V, VI and VIII which give rights to the accused. I will also examine how these rights affect law enforcement procedures. I will then give details on which law enforcement agencies each amendment affects and how. Amendment VI gives the people the right against unreasonable search and seizure. It also states that a warrant has to be signed by a judge and cannot be issued without probably cause. The warrant also has to specify the place that will be search, the person to be search or what will be seized. (Constitution.Org, n.d.) The amendment puts limitations on law enforcement officers. If a police officer suspects something illegal is happening within a residence, he must obtain a warrant and have probable cause. This can lead to evidence disappearing during the time it takes an officer to obtain the warrant and enter the house. It also applies to using devices to observe what is happening inside a private residence. This right to privacy was tested in Kyllo v. United States. Law enforcement officers suspected that Danny Kyllo was growing marijuana in his home. In lieu of getting a warrant, officers decided to use a thermal imager to see the amount of heat coming from the house. A large amount of heat would indicate the use of high-intensity lamps. The officers subsequently obtained their warrant and arrested Kyllo. The Supreme Court ruled that Kyllo's Fourth Amendment rights had been violated as he should be able to assume that he has privacy in his own home. (Farb, 2002) Such limitations also apply to vehicle stops and searches. A law officer cannot stop a car without reasonable suspicion that the driver has broken the law. An officer cannot search a vehicle unless there is reasonable suspicion that there is evidence of a crime in the vehicle. The Fourth Amendment applies to all law enforcement agencies. It applies to the local police everyday when attempting to stop suspicious activity on the streets, highway patrol officers stop vehicles on state highways, and detectives who are carrying on investigations into criminal activity. Even the Federal Bureau of Investigation has to be concerned with Fourth Amendments rights in carrying out investigation into crimes against the government. All agencies need reasonable suspicion in order to conduct search and seizures. The Fifth Amendment guarantees that no person accused of a capital crime can be tried without an indictment of a Grand Jury. It also contains the double jeopardy provision which guarantee that a person cannot be tried for the same crime twice. The right to silence is included in Amendment V. This means that the accused does not have to talk to anyone about anything that would incriminate himself. He also does not have to testify in court. (Constitution.Org, n.d.) The double jeopardy clause propels law enforcement to get it right the first time. This is a good effect because investigating officers want to arrest and convict the right person. If there are any missteps in the investigations, the suspect could possibly be acquitted or the case dismissed and their chances of convicting a guilty person would be gone. Another clause is the right to remain silent. In Miranda v. Arizona, the Supreme Court extended the Fifth Amendment to encompass any situation outside the courtroom. Therefore, when law officers arrest someone, they must make sure the suspect is aware of his rights. This affects investigations because if a person is not given their Miranda rights and says something that could incriminate them, the courts will suppress those statements. This does not apply if the suspect makes a statement prior to being given his Miranda rights. The Fifth Amendment also applies in court proceedings; a witness can only take the fifth if he is asked to say something that may incriminate himself. (5th Amend., n.d.) Once again, all law enforcers deal with the Fifth Amendment. It is the first part of an investigation, the arrest, and will be a part of the investigation until court. Patrolling police officers making the arrests must be vigilant in giving suspects their rights, detectives must affirm that the rights were given before proceeding in an interview with the suspect, and the prosecutors then have to make their case without the support of any statements made by the suspect. Amendment VI provides the right to a speedy and public trial. It also states that the trial shall be held in the district in which the crime occurred and an impartial jury will hear the case. It also gives the accused the right to confront the witnesses against him and have witnesses of his own. This amendment includes the provision of right to counsel. Every person is guaranteed counsel whether they can afford it or not. (Constitution.Org, n.d.) This Amendment affects the courts in the justice system. Prosecutors are required to present their evidence in a timely manner in order to avoid unwarranted jail time for the accused before trial. This Amendment helps the court system because if a longer amount of time passes, witnesses can become unclear or unavailable and evidence can be destroyed or lost. It preserves the integrity of the trial and gives the accused a fair chance at trial. All aspects of the court system are under the requirements of Amendment VI. Juries must be selected in a fair manner and witnesses must be presented in court to face the accused. One of the most important factors of this amendment is the right to counsel. As stated in the Miranda rights, everyone has a right to counsel and if they cannot afford counsel, counsel will be provided to them. Law enforcers must make sure that the accused is represented in order to protect his right through prosecution. Amendment VIII guarantees that an accused will not be burdened with excessive bail, excessive fines or cruel and unusual punishment. This means that any fines issued or bail set will not be excessive to the crime committed. It also protects the accused from being sentenced unfairly. (Constitution.Org, n.d.) The Eighth Amendment affects how the court system inflicts punishment. It also affects the way prisoner are incarcerated in our corrections department. Our court system must be aware of the limits on bail and fines when prosecuting and convicting a criminal. If they are excessive in these areas, the cases can be overturned due to the Eighth Amendment. However, excessive fines cases are rarely overturned. Most Eighth Amendment cases involve the death penalty or the cruel and unusual punishment clause. Some of these cases involve our corrections department. For example, in Hudson v. McMillian, a Louisiana inmate sued guards at a prison stating that he was beaten by two guards while their supervisor watched. He claimed his Eighth Amendment rights had been violated. The district court ruled in favor of Hudson but the Fifth Circuit Court of Appeals reversed that decision stating that Hudson did not demonstrate significant injury. The Supreme Court ruled lack of significant injury does not mean that his rights were not violated. (Hudson, n.d.) In closing, Amendments IV, V, VI and VIII were designed to protect the accused from the original arrest through the punishment phase of their crime. This involves all aspects of our criminal justice system from the arresting police officer to the prison which incarcerates the guilty. When the framers of the Constitution added these amendments, I am sure they did not have any idea where our country would be today. Today our courts have to rule on these amendments as they apply to our world now. Many interpretations of these amendments have been made and I am sure that, in the future, many more will be needed.
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Law Enforcement and the Rights of the Accused
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Law Enforcement And The Rights Of The Accused

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              In this paper, I will discuss Amendments VI, V, VI and VIII which give rights to the accused. I will also examine how these rights affect law enforcement procedures. I will then give details on which law enforcement agencies each amendment affects and how.
             
              Amendment VI gives the people the right against unreasonable search and seizure. It also states that a warrant has to be signed by a judge and cannot be issued without probably cause. The warrant also has to specify the place that will be search, the person to be search or what will be seized. (Constitution. Org, n. d. )
             
              The amendment puts limitations on law enforcement officers. If a police officer suspects something illegal is happening within a residence, he must obtain a warrant and have probable cause. This can lead to evidence disappearing during the time it takes an officer to obtain the warrant and enter the house. It also applies to using devices to observe what is happening inside a private residence. This right to privacy was tested in Kyllo v. United States. Law enforcement officers suspected that Danny Kyllo was growing marijuana in his home. In lieu of getting a warrant, officers decided to use a thermal imager to see the amount of heat coming from the house. A large amount of heat would indicate the use of high-intensity lamps. The officers subsequently obtained their warrant and arrested Kyllo. The Supreme Court ruled that Kyllo's Fourth Amendment rights had been violated as he should be able to assume that he has privacy in his own home. (Farb, 2002)
              Such limitations also apply to vehicle stops and searches. A law officer cannot stop a car without reasonable suspicion that the driver has broken the law. An officer cannot search a vehicle unless there is reasonable suspicion that there is evidence of a crime in the vehicle.
             
              The Fourth Amendment applies to all law enforcement agencies. It applies to the local police everyday when attempting to stop suspicious activity on the streets, highway patrol officers stop vehicles on state highways, and detectives who are carrying on investigations into criminal activity. Even the Federal Bureau of Investigation has to be concerned with Fourth Amendments rights in carrying out investigation into crimes against the government. All agencies need reasonable suspicion in order to conduct search and seizures.
             
              The Fifth Amendment guarantees that no person accused of a capital crime can be tried without an indictment of a Grand Jury. It also contains the double jeopardy provision which guarantee that a person cannot be tried for the same crime twice. The right to silence is included in Amendment V. This means that the accused does not have to talk to anyone about anything that would incriminate himself. He also does not have to testify in court. (Constitution. Org, n. d. )
             
              The double jeopardy clause propels law enforcement to get it right the first time. This is a good effect because investigating officers want to arrest and convict the right person. If there are any missteps in the investigations, the suspect could possibly be acquitted or the case dismissed and their chances of convicting a guilty person would be gone. Another clause is the right to remain silent.
              In Miranda v. Arizona, the Supreme Court extended the Fifth Amendment to encompass any situation outside the courtroom. Therefore, when law officers arrest someone, they must make sure the suspect is aware of his rights. This affects investigations because if a person is not given their Miranda rights and says something that could incriminate them, the courts will suppress those statements. This does not apply if the suspect makes a statement prior to being given his Miranda rights. The Fifth Amendment also applies in court proceedings; a witness can only take the fifth if he is asked to say something that may incriminate himself. (5th Amend. , n. d. )
             
              Once again, all law enforcers deal with the Fifth Amendment. It is the first part of an investigation, the arrest, and will be a part of the investigation until court. Patrolling police officers making the arrests must be vigilant in giving suspects their rights, detectives must affirm that the rights were given before proceeding in an interview with the suspect, and the prosecutors then have to make their case without the support of any statements made by the suspect.
             
              Amendment VI provides the right to a speedy and public trial. It also states that the trial shall be held in the district in which the crime occurred and an impartial jury will hear the case. It also gives the accused the right to confront the witnesses against him and have witnesses of his own. This amendment includes the provision of right to counsel. Every person is guaranteed counsel whether they can afford it or not. (Constitution. Org, n. d. )
              This Amendment affects the courts in the justice system. Prosecutors are required to present their evidence in a timely manner in order to avoid unwarranted jail time for the accused before trial.
             
              This Amendment helps the court system because if a longer amount of time passes, witnesses can become unclear or unavailable and evidence can be destroyed or lost. It preserves the integrity of the trial and gives the accused a fair chance at trial.
              All aspects of the court system are under the requirements of Amendment VI. Juries must be selected in a fair manner and witnesses must be presented in court to face the accused. One of the most important factors of this amendment is the right to counsel. As stated in the Miranda rights, everyone has a right to counsel and if they cannot afford counsel, counsel will be provided to them. Law enforcers must make sure that the accused is represented in order to protect his right through prosecution.
             
              Amendment VIII guarantees that an accused will not be burdened with excessive bail, excessive fines or cruel and unusual punishment. This means that any fines issued or bail set will not be excessive to the crime committed. It also protects the accused from being sentenced unfairly. (Constitution. Org, n. d. )
              The Eighth Amendment affects how the court system inflicts punishment. It also affects the way prisoner are incarcerated in our corrections department. Our court system must be aware of the limits on bail and fines when prosecuting and convicting a criminal. If they are excessive in these areas, the cases can be overturned due to the Eighth Amendment. However, excessive fines cases are rarely overturned. Most Eighth Amendment cases involve the death penalty or the cruel and unusual punishment clause.
             
              Some of these cases involve our corrections department. For example, in Hudson v. McMillian, a Louisiana inmate sued guards at a prison stating that he was beaten by two guards while their supervisor watched. He claimed his Eighth Amendment rights had been violated. The district court ruled in favor of Hudson but the Fifth Circuit Court of Appeals reversed that decision stating that Hudson did not demonstrate significant injury. The Supreme Court ruled lack of significant injury does not mean that his rights were not violated. (Hudson, n. d. )
             
              In closing, Amendments IV, V, VI and VIII were designed to protect the accused from the original arrest through the punishment phase of their crime. This involves all aspects of our criminal justice system from the arresting police officer to the prison which incarcerates the guilty. When the framers of the Constitution added these amendments, I am sure they did not have any idea where our country would be today. Today our courts have to rule on these amendments as they apply to our world now. Many interpretations of these amendments have been made and I am sure that, in the future, many more will be needed.
Law Essay 
1. Bill of Rights. (n.d.). In Constitution.Org. Retrieved February 28, 2101 from http://www.constitution.org/billofr_.htm
2. Farb, R. (2002). The fourth amendment, privacy, and law enforcement. Popular Government. Retrieved February 28, 2010 from http://www.sog.unc.edu/pubs/electronicversions/pg/pgspr02/article2.pdf
3. Fifth Amendment. (n.d.). In Cornell University Law School (LII Legal Information Institute). Retrieved March 1, 2010 from http://topics.law.cornell.edu/wex/fifth_amendment
4. Hudson v. McMillian. (n.d.). In U.S. Supreme Court Media Oyez. Retrieved March 1, 2010 from http://www.oyez.org/cases/1990-1999/1991/1991_90_6531/
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