Write a 1,400- to 1,750-word paper identifying and evaluating the constitutional safeguards provided by the 4th, 5th, and 6th Amendments to the United States Constitution as they apply to both adult and juvenile court proceedings. Discuss the impact that these safeguards (e.g., Right to Counsel, Miranda Warnings, speedy trial, the exclusionary rule, etc.) have on the day-to- day operation of adult and juvenile courts.

Include at least four peer reviewed references.

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Criminal Law Foundations Evaluation

Date of Submission

Criminal Law Foundations Evaluation

            The first Congress of the United States brought about the constitutional safeguards on 25th September 1759. The constitution was subjected to 12 amendments. Lately, the United States of America constitution is regarded as old-fashioned, thus prompting amendments. Vitally, laws within the constitution were written to safeguard the public from the government if it tried to impose totalitarianism or manipulate the laws. The laws were meant to keep the government in check if it thought of flouting its obligation of serving and protecting American citizens. The law prohibits the government from violating the rights and freedom of the public. The constitutional laws protect Americans from unfair trials, wrongful convictions, improper police conduct. The bill of rights is set forth to protect Americans from such injustices. The criminal justice process has experienced the 4th, 5th, 6th amendments, which have brought about safeguards. Along with the amendments are Miranda warnings, exclusionary rule, right to a speedy trial, and right to counsel, which safeguard juvenile and adults’ rights.

4th Amendment

           The 4th Amendment provides people with the privilege of illegal search and seizures. The law also coins that people’s houses or belongings should be protected. A cop cannot stop, search, frisk, or arrest a person without a warrant or legal documentation. Police are prohibited from seizing property without a warrant. Evidence collected illegitimately is unusable before the court of law. The 4th Amendment protects Americans from police brutality and misconduct. Consequently, the public gets to enjoy their right to privacy (Caminker .n.d.). Police officers and prosecutors have to make charges against the defendant (juvenile or adult) based on evidence obtained lawfully. Access to suspects’ cellphone, business files, bags, purses, and home surveillance ought to be lawful. 

5th Amendment

           It protects people from unlawful activities that do not consider their consents, ideas, or rights. The 5th Amendment prohibits taking of private land for public use without apposite compensation. Citizens that do not want to witness in a case are protected under this Amendment. Police officers and prosecutors are prohibited from forcing people to make witnesses in courtrooms without their consent. The Amendment is appropriate for a witness who fears retaliation from the accused. Within this law, the defendant is entitled to the right to a grand jury. The Amendment prohibits self-incrimination and double jeopardy (Bailey, 2019).  

6th Amendment

           The 6th Amendment ensures respondents, whether juveniles or adults, get informed of the charges against them, know their complainant, and what evidence will be obtained to help in the case. The law tips the defendant to get an impartial jury and public. Moreover, trials can only delay if witnesses’ security is questionable or lacks enough evidence (Adams, 2020). Herein, a speedy trial means that the accused should not be held in custody while awaiting trails. The court is directed to provide counsel to the defendant during trials.

Right to Counsel

           Defendants, whether juveniles or adults are eligible for the right to counsel during trials. Counsels ensure defendants are accused based on proper charge, substantiated evidence. The right to counsel is important, especially to persons who cannot afford attorneys (Backus, & Marcus, 2018). When the accused requests counsel, the court should do so without charging the accused. The attorney is obliged to advise the accused during the entire trial. Attorneys should inspect witnesses, examine the evidence, look after the accused rights, and represent defendants.

Miranda Warnings

           After a person is alleged to commit delinquency, detained, and questioned, s/he is entitled to their Miranda rights. The police are obliged to inform the arrested to remain silent, or their sentiment will be used against them in court. The accused should know they have the right to an attorney. Miranda warnings protect the accused from uttering self-incriminating avowals or make false concessions (Bailey, 2018). The case of Miranda warnings is a bit different in juveniles because they are not fully mature. Juveniles have an unfledged sense of responsibility (Bailey, 2018). As a result, juveniles are privileged to have a parent, attorney, or guardian with them to offer guidance, support, or advice. Other safeguards prevent tabling statements or concessions in court for children within a definite age bracket (Bailey, 2018). 

Speedy Trial

           Along with the 6th Amendment, the accused, either adult or juvenile, are prevented from being held in custody for long awaiting hearing. Therefore, when one is arrested, s/he should be arraigned shortly after being arrested (Adams, 2020). The accused is supposed to request a speedy trial. If the 70 days from the indictment’s filing date is persecuted, the charges are dropped, and the case terminated. A case can be refilled if the prosecution withdraws charges before the time laid lapses.

Exclusionary Rule

             The exclusionary rule affects the 4th Amendment, which prohibits illegal collection of evidence. Law enforcement agencies and prosecutors are barred from presenting evidence for trial if the 4th Amendment is violated (Caminker .n.d.). However, there are a few gaps within the rule. The rule is feeble if a police officer acted with honest intent, especially when a probable cause did not support the search warrant (Caminker .n.d.).Evidence collected in such a scenario can be used for prosecution.

Conclusion

            The American constitution was written to steer the government in protecting and safeguarding the rights of Americans. Adults and juveniles are privileged with irreducible minimums, which cannot be negotiated in courtrooms. The 4th, 5th, and 6th amendments have brought forth the rights and privileges that the accused are entitled to today. The purpose of safeguards is to protect people from unlawful arrests and searches. They also ensure that the accused get speedy trails, access counsel, and get just judgments. Constitutional rights help courts to discern respondents’ guilt. 

References

Adams, B. E. (2020). Recidivist Sentencing and the Sixth Amendment. Ind. JL & Soc. Equal.8, 327. https://www.repository.law.indiana.edu/cgi/viewcontent.cgi?article=1113&context=ijlse

Backus, M. S., & Marcus, P. (2018). The Right to Counsel in Criminal Cases: Still a National Crisis. Geo. Wash. L. Rev.86, 1564. https://scholarship.law.wm.edu/cgi/viewcontent.cgi?article=2935&context=facpubs

Bailey, A. A. (2018). Privacy, Privilege, and Protection: A Case for Fifth Amendment Expansion. U. Fla. JL & Pub. Pol’y29, 167.

Caminker, E. H. HOW DEFINITIVE IS FOURTH AMENDMENT TEXTUALISM?. http://michiganlawreview.org/wp-content/uploads/2020/10/119MichLRevOnline22_Caminker.pdf