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Posted: August 17th, 2022
Bill of Rights The 4th, 5th, and 6th Amendments
Bill of Rights
The 4th, 5th, and 6th Amendments
Bill of Rights
The bill of rights of the united states of America was enacted in 1791 and it plays a central role in the American government through being a symbol of freedoms and culture of the nation. Each of the 10 amendments stands for significant rights that contribute towards the stability of the nation.
The Fourth Amendment
The fourth amendment is based on searches and warrants. It provides that American citizens have a right to be safe and secure in their persons, papers, as well as houses. According to the bill, unreasonable searches and searches are prohibited without a proper cause. It provides that no warrants of arrests or searches shall be issued on an individual without proper authorization and a description of what is to be searched and the person or things that are to be seized (Sheldon, 2018). The warrants and searches must be backed by a reasonable cause that is supported by oath or affirmation. According to the supreme court, a suspect has a right to claim that the evidence gathered against them was unwarranted and therefore the court can dismiss the case based on the illegal search, under the exclusionary rule.
The Fifth Amendment
The fifth amendment describes the rights in criminal cases. It provides that no person is to be held to answer to capital, or any form to infamous crime unless under the indictment of a jury when in actual service in the time of public danger. The only exceptions are when the cases are resulting from the land, naval forces or the militia. The amendment is also against people being held as witnesses against themselves during a criminal case (Rossum, 2018). There is a strict warning against the life, property, and liberty of the convicted persons bring deprived of them without due process of law. The private property of the individual shall in no circumstance be taken for use in public without compensation. Therefore, this amendment majorly addresses the criminal procedure and provides the accused protection against seizure of their property.
The Sixth Amendment
The sixth amendment is based on the rights to a fair trial. It states that in every criminal prosecution, those that have been accused have a right to enjoy a speedy and public trial. The jury in the criminal proceedings should under no circumstances show any form of bias (Saetveit, 2016). The accused have a right of information on the nature of the crime they are being accused of as well as reasons as to why they have been accused. The accused are also entitled to witnesses both against them and those in their favor. The amendment also provides that the accused has a right to a defense counsel. The amendment, therefore, offers protection to the accused against unfair hearing and trial.
Most Viable Amendment
Of the three amendments, the sixth amendment provides rights that honor the accused as a human being protected by the constitution. In many cases, the police may arrest search or arrest an individual without a warrant and it could be allowed in times of an emergency danger. It all comes down to the sixth amendment where the accused has to be provided with a fair hearing where they are made aware of the nature of their offense and why they were taken to court. Failure to provide a fair hearing based on bias, the supreme court may dismiss the case even when the accused is guilty.
Conclusion
The bill of rights contained in the constitution help in shaping the culture of a nation. Every right should be honored and respected. Evidently, the fourth to the sixth amendments show us that the accused to are also under the protection of the constitution. A violation of the rights under the three amendments permits the supreme court to dismiss a case against the accused even if they may be guilty of the offense under them.
References
Rossum, R. A. (2018). American Constitutional Law, Volume II: The Bill of Rights and Subsequent Amendments. Routledge.
Saetveit, K. (2016). Close calls: defining courtroom closures under the Sixth Amendment. Stan. L. Rev., 68, 897.
Sheldon, C. H. (2018). Essentials of the American constitution. Routledge.
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