CJ 140
United States Bill of Rights:Applications in Criminal Justice
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Contents
History of the Bill of RightsApplications of the Amendments in Criminal JusticeAmendments I-II, IV-VI, VIIIArguments advocating for the Death PenaltyArguments opposing the Death PenaltyMy opinion on the Death Penalty
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History of the Bill of Rights
Anti-Federalists demanded a document that would spell out specific rights of the peopleJames Madison brought 17 Amendments through to Congress, which had been pared down to 12President Washington sent out copies of the 12 Amendments to the States on October 2, 1789The first 10 Amendments were ratified by ¾ of the States on December 15, 1791
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Applications of the Amendments in Criminal Justice
How the Amendments are used in the Courts systemHow the Amendments regulate police procedureHow the Amendments regulate certain governmental functions where it pertains to Criminal Justice
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Amendment I
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Amendment II
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Amendment IV
The right for an individual to be secure in their personal effects against unreasonable search and seizureWarrants must be issued via probable causeWarrants must be supported by affirmationThe place must be described, as well as the items to be seized, in order to secure a warrantReasonable Expectation of Privacy
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Amendment IV
Amendment V
Protection from being held for a crime without indictment by a Grand JuryMilitary personnel can be held accountable without a Grand Jury indictment during a national emergency or war.Guarantee of due processProtection against Double JeopardyProtection against forced self-incriminationThe process of taking away an individual’s personal property for public use must be compensated justly
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Amendment VI
Individuals are guaranteed a speedy, public trialAn impartial juryIn the area where the crime was committedInformed of the nature and cause of the accusationConfront the witnessesAbility to gather witnesses to testify for the defendantRight to counsel
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Amendment VIII
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The Death Penalty
Federal and State statutes allow for several factors that a death sentence can be imposedMurderTreasonEspionageMurder for Hire
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This Photo by Unknown Author is licensed under CC BY-NC-ND
This Photo by Unknown Author is licensed under CC BY-SA-NC
Attorney’s Position on the Death Penalty
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The Death Penalty Arguments
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Opposing Arguments
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My Opinion on the Death Penalty
Justice to the families, the victim, and to societyAll possibilities of rehabilitation are exhaustedThe extent and brutality of the crimesThe morality involved in the utilization of the capital punishmentThe methods usedThe possibility of killing an innocent person
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Works cited
BBC. (n.d.). Arguments in favour of capital punishment. Retrieved from BBC: http://www.bbc.co.uk/ethics/capitalpunishment/for_1.shtmlCornell Law School. (n.d.). Eighth Amendment. Retrieved from Cornell Law School: https://www.law.cornell.edu/constitution-conan/amendment-8Cornell Law School. (n.d.). Second Amendment. Retrieved from Legal Information Institute: https://www.law.cornell.edu/wex/second_amendmentFindLaw. (n.d.). Fifth Amendment – U.S. Constitution. Retrieved from FindLaw: https://constitution.findlaw.com/amendment5.html
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Works Cited (2)
Death Penalty Information Center. (2019). Federal Laws Providing for the Death Penalty. Retrieved from Death Penalty Information Center: https://deathpenaltyinfo.org/federal-laws-providing-death-penaltyFindLaw. (n.d.). When the Fourth Amendment Applies. Retrieved from FindLaw: https://criminal.findlaw.com/criminal-rights/when-the-fourth-amendment-applies.htmlGellman, M. (2018, August 18). Arguments for — and against — the death penalty. Retrieved from NewsStar: https://www.thenewsstar.com/story/news/local/blogs/2018/08/18/arguments-and-against-death- penalty/1007837002/
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Works Cited (3)
Grabel, S. (n.d.). Criminal Amendments in the Bill of Rights. Retrieved from Grabel & Assoc. Michigan Criminal Lawyers: https://www.grabellaw.com/criminal-amendments-in-the-bill-of-rights.htmlHarr, J. H. (2018). Constitutional Law and the Criminal Justice System (7th ed.). Boston, MA, United States of America: Cengage Learning. Retrieved from https://purdueuniversityglobal.vitalsource.com/#/books/9781337514798/cfi/0!/4/4@0.00:0.00National Archives. (2018, September 25). Constitution of the United States—A History. Retrieved from National Archives: https://www.archives.gov/founding- docs/more-perfect-union
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