Understanding of the Bill of Rights
Question
Civil or criminal Unit 1 Individual project
There are 94 different federal court districts, and you are a newly hired investigator for the Federal Defenders' Office in the Southern District of Florida in Miami. Assistant federal defenders are attorneys who represent individuals charged with crimes in federal court. In state court, these attorneys would be called public defenders. As an investigator, you are responsible for assisting the federal defenders in interviewing the defendant and witnesses, gathering background information, and assisting as necessary as the case moves through federal court.
You have been asked by the federal defender for your office to provide a paper of 1–2 pages on your understanding of the Bill of Rights. Nor including the references and the cover
The first 10 amendments to the U.S. Constitution are commonly referred to as the Bill of Rights. The Bill of Rights contains the foundation of the rights provided to individuals who are accused of committing crimes. In your paper, address the following points:
- Provide a brief overview of the rights contained within the Bill of Rights' Fourth, Fifth, Sixth, and Eighth Amendments that apply to criminal defendants.
- Choose one of the amendments above,( I choose the 4th amendment) and discuss specific details of the protections that it provides. Discuss how that amendment has affected procedures implemented in law enforcement, the courts, or correctional facilities.
- Discuss either a published case or a case from the news where someone alleged that their constitutional right had been violated.
- Finally, indicate whether you agree or disagree with the way that this right has been implemented in the criminal justice system. Identify any ideas that you may have for improving the implementation of this constitutional right. Support your statements with research and specific examples.
- Provide citations to your references at the end of your paper in a Reference section.
Your assignment will be graded in accordance with the following criteria. View the grading rubric.
Assignment Reminders:
- Please submit your assignment.
- Make sure you submit this assignment by the listed due date. Late deductions will apply for this assignment. Please refer to the Late Submission of Assignment policy.
APA, double spaced and references
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Solution
Understanding of the Bill of Rights
The Bill of Rights is an important element of the US Constitution, which was created to assure that citizens in the United States receive their basic rights. It is clear that every amendment of the bill of rights contains a specific right that applies to criminal defendants. For instance, the fourth amendment's main concern is to protect people from unreasonable seizures and searches without a warrant. As a suspect of the offense, your privacy is safeguarded by preventing cops from rummaging through and seizing your belongings without cause. On the other hand, the fifth amendment of the bill of rights protects individuals involved in the crime not from being punished or prosecuted without being taken through a due legal process. The major goal of this amendment is to ensure that individuals who are involved in a crime are not convicted unless they have had a trial. The sixth amendment, on the other hand, guarantees that criminals have the right to a jury trial (Grabel, n.d). For instance, this amendment makes the individual under trial know the nature of charges, thus having legal representation. In addition, the eighth amendment allows someone convicted of a crime to post bail and get out of jail. Under this modification, the court is unable to set excessive bail for the individual accused of a crime, preventing judges from relying on their personal opinions when setting bail.
The fourth amendment's key goal is to secure the lives of those involved in a crime against their rights to privacy and protection from unlawful searches and seizures. The amendment provides people involved in the crime with the right to privacy, thus ensuring their right is not violated. It also states that if police believe someone has committed a crime, they must first obtain a lawful arrest warrant before detaining them. Furthermore, the amendment protects the person who must first obtain a warrant from a judge before they are searched, allowing law enforcement to begin collecting data from the suspect's property. However, the change has both advantages and drawbacks (Bill of Rights Institute, n.d). The most important thing is that it safeguards people's privacy and prevents police from arbitrarily seizing their belongings. But to some extent, the amendment affected the procedures implemented in law enforcement because it allows some criminals to destroy evidence before the warrant is obtained, thus making it difficult to find the suspect being guilty by the court.
One of the published cases in the United States where someone alleged that his constitutional right had been violated was the one that involved Gideon v. Wainwright. Gideon was charged with felony breaking and entering, which is a felony in Florida. Gideon appeared in court without an attorney at the trial because he could not afford an attorney (United States Courts, n.d). Given that he could not afford an attorney, the court-appointed lawyer asked for an open court appointment since he wished to represent him. The trial judge denied him the opportunity, which showed that he was sentenced to five years imprisonment despite his effort. On the basis of issue, it was shown that Gideon's constitutional rights were broken since the Jury refused to grant him legal help. It is also clear that the court violated the sixth amendment, thus violating the individual's constitutional right.
I agree with how the right to a fair trial has been implemented in the criminal justice system. Because it guarantees an accused person of crime the right to be heard and a fair trial that determines innocence or guilt. Also, I think it is essential that going in the future that court in each state needs to offer free assistance of an attorney to those who committed a crime to avoid violation of their constitutional rights.
References
Bill of Rights Institute. (n.d.). Bill of Rights (1791). Bill of Rights Institute. Retrieved May 14, 2022, from https://www.billofrightsinstitute.org/primary-sources/bill-of-rights
Grabel, S. (n.d.). Criminal amendments in the Bill of Rights. Michigan Criminal Defense Lawyers. Retrieved May 14, 2022, from https://www.grabellaw.com/criminal-amendments-in-the-bill-of-rights.html
United States Courts. (n.d.). Facts and case summary - Gideon v. Wainwright. United States Courts. Retrieved May 14, 2022, from https://www.uscourts.gov/educational-resources/educational-activities/facts-and-case-summary-gideon-v-wainwright
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