Understanding of the Bill of Rights

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