Constitutional Amendments and Criminal Justice Process

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Amendment/Interpretation/Importance	Player/Step/Example/	Example from Case Law or Contemporary Article. (This database will help you complete this CQ Supreme Court Collection column.)
4th Amendment The 4th Amendment states: “The right of the people to be secure in their persons, houses, papers, and effects, against unreasonable searches and seizures, shall not be violated, and no warrants shall issue, but upon probable cause, supported by oath or affirmation, and particularly describing the place to be searched, and the persons or things to be seized” (1). The 4th Amendment protects people against unreasonable search and seizure of their person, property, and belongings. It also includes warrants. For example, it sets requirements for issuing warrants. A judge or magistrate must issue subpoenas, and they must be backed up by facts and supported under oath. A government with extreme overreach would be difficult to live under. Therefore, the founding fathers included the 4th Amendment, which protects citizens from unreasonable, warranted, and warrantless searches.	Law Enforcement—Preliminary Investigation As an example, police detectives have taken statements from an informant under oath about the whereabouts of a robbery suspect. Based on the informant’s statements and eyewitness testimony, the officers believe evidence exists at a certain location. They go to the Court seeking a search warrant for that location and state their evidence to the judge. The judge then decides based on the facts.	The United States Supreme Court issued a 6-3 decision in 2015 in Rodriguez v. United States. The Court held that Nebraska police violated Rodriguez’s 4th amendment rights when they extended an otherwise lawful traffic stop to let a drug-sniffing dog investigate the outside of the vehicle (2). In Terry v. Ohio, the U.S. Supreme Court determined that the 4th Amendment allowed a police officer to stop a suspect on the street and frisk them without probable cause to arrest if the police officer has a reasonable suspicion that the person has committed, is committing, or is about to commit a crime and has a reasonable belief that the person “may be armed and presently dangerous” (3).
5th Amendment The United States Constitution’s Fifth Amendment, ratified in 1791 as part of the Bill of Rights, protects citizens from self-incrimination and double jeopardy (6). Double jeopardy protection includes three clauses: the prosecution may not try an individual more than once for the same crime, the government may not break up one crime into multiple offences to prosecute an individual more than once, and a person cannot be tried for two offences that are based on the “same act or transaction” unless each violation requires proof of a different element (6). It also contains the due process clause, which protects citizens from being deprived of their life, liberty, or property without due process of the law. The Fifth Amendment also contains the Takings Clause, which allows the government to take private property for public use if the government provides “just compensation” to the property owner. The government has used this provision to justify eminent domain or the seizure of private property for public use. It has also been used to justify regulations restricting personal property use, such as zoning laws. The federal government has used the Takings Clause to justify rules restricting personal property use, such as zoning laws. The Fifth Amendment is important because it protects citizens from self-incrimination and double jeopardy. It also contains the due process clause, which protects citizens from being deprived of their life, liberty, or property without due process of the law. When the government takes private property for public use, it must provide just compensation to the property owner.	When the police question a criminal suspect, they must read the suspect their Miranda rights, which are based on the Fifth Amendment. If a police officer does not read the Miranda rights to a criminal suspect, evidence obtained from questioning the suspect may not be used in Court. In this instance, the player is the criminal suspect, and the step in the criminal justice process is interviewing/interrogation. The measures would follow: The police would arrest the criminal suspect and then take them into custody. The police would then read the Miranda rights to the criminal suspect. After this, the police would question/interrogate the criminal suspect.	In the case of Miranda v. Arizona, 384 U.S. 436 (1966), the Supreme Court held that the Fifth Amendment’s Self-Incrimination Clause requires the police to advise a suspect in custody of his or her Miranda rights before questioning the suspect (8). The player in this instance is the police officer, and the step in the criminal justice process is questioning/interrogating a criminal suspect. A contemporary article that discusses the Fifth Amendment is “The Fifth Amendment’s Forgotten History” by Garrett Epps, published in The Atlantic on October 18, 2018 (4). In the article, Epps discusses how the Fifth Amendment has been used throughout history and how it applies to contemporary issues.
6th Amendment The Sixth Amendment to the U.S. Constitution affords citizens the right to a speedy and public trial by an impartial jury in criminal cases (5). The district court must give the jury a list of charges against the defendant, and the jury must decide whether the defendant is guilty or not guilty. The Court will sentence the defendant according to the law if the defendant is found guilty. Public trial by jury is important because it allows for transparency and accountability in the criminal justice system.	In this instance, the player is the defendant, and the next step in the criminal justice process is the trial. The measures would follow: The defendant would be charged with a crime. The district court would give the jury a list of charges against the defendant. The jury would then decide whether the defendant is guilty or not guilty. The Court will sentence the defendant according to the law if the defendant is found guilty. Then, the defendant would have the right to appeal the decision.	The case of Duncan v. Louisiana, 39 established that the Sixth Amendment’s right to a trial by jury applies to state criminal proceedings through the Fourteenth Amendment’s Due Process Clause (5). In the case, the defendant was charged with simple battery, a misdemeanour offence punishable by up to two years in prison. The defendant waived his right to a jury trial and was convicted by a judge. The defendant appealed his conviction, arguing that he was denied his Sixth Amendment right to a trial by jury. The Supreme Court agreed and reversed the defendant’s conviction. An article that discusses the Sixth Amendment is “The Right to a Speedy Trial” by Eva Rodriguez, published in The Washington Post on May 16, 2019. In the article, Rodriguez discusses how the Sixth Amendment is interpreted and applied in contemporary society.
8th Amendment The Eighth Amendment to the U.S. Constitution prohibits the use of excessive bail and excessive fines, and it also prohibits cruel and unusual punishment. The purpose of the Eighth Amendment is to protect citizens from being subjected to excessively harsh punishments by the government (7). Excessive fines can be imposed on a person for various reasons, including criminal offences, civil infractions, and failure to pay taxes. Cruel and unusual punishment is any form of punishment that is considered to be inhumane or excessively severe. The Amendment is important because it helps to ensure that citizens are not treated unfairly by the government.	The Eighth Amendment applies to the player (defendant) and the step (sentencing) in the criminal justice process. The measures would go as follows: After the defendant is found guilty of a crime, the Court will sentence the defendant (7). The Court will consider the severity of the crime and any mitigating factors when determining the sentence. If the punishment is excessively harsh, the defendant can appeal the ruling.	In Solem v. Helm, the Supreme Court held that the Eighth Amendment’s prohibition on excessive bail does not apply to state criminal proceedings. The case involved a defendant who was convicted of grand theft and sentenced to life in prison (7). The defendant appealed his sentence, arguing that it was excessive and violated the Eighth Amendment. The Supreme Court disagreed and upheld the ruling.

Amendment/Interpretation/Importance

Player/Step/Example/

Example from Case Law or Contemporary Article. (This database will help you complete this CQ Supreme Court Collection column.)

4th Amendment

The 4th Amendment states: “The right of the people to be secure in their persons, houses, papers, and effects, against unreasonable searches and seizures, shall not be violated, and no warrants shall issue, but upon probable cause, supported by oath or affirmation, and particularly describing the place to be searched, and the persons or things to be seized” (1).

The 4th Amendment protects people against unreasonable search and seizure of their person, property, and belongings. It also includes warrants. For example, it sets requirements for issuing warrants. A judge or magistrate must issue subpoenas, and they must be backed up by facts and supported under oath.

A government with extreme overreach would be difficult to live under. Therefore, the founding fathers included the 4th Amendment, which protects citizens from unreasonable, warranted, and warrantless searches.

Law Enforcement—Preliminary Investigation

As an example, police detectives have taken statements from an informant under oath about the whereabouts of a robbery suspect. Based on the informant’s statements and eyewitness testimony, the officers believe evidence exists at a certain location. They go to the Court seeking a search warrant for that location and state their evidence to the judge. The judge then decides based on the facts.

The United States Supreme Court issued a 6-3 decision in 2015 in Rodriguez v. United States. The Court held that Nebraska police violated Rodriguez’s 4th amendment rights when they extended an otherwise lawful traffic stop to let a drug-sniffing dog investigate the outside of the vehicle (2).

In Terry v. Ohio, the U.S. Supreme Court determined that the 4th Amendment allowed a police officer to stop a suspect on the street and frisk them without probable cause to arrest if the police officer has a reasonable suspicion that the person has committed, is committing, or is about to commit a crime and has a reasonable belief that the person “may be armed and presently dangerous” (3).

5th Amendment

The United States Constitution’s Fifth Amendment, ratified in 1791 as part of the Bill of Rights, protects citizens from self-incrimination and double jeopardy (6). Double jeopardy protection includes three clauses: the prosecution may not try an individual more than once for the same crime, the government may not break up one crime into multiple offences to prosecute an individual more than once, and a person cannot be tried for two offences that are based on the “same act or transaction” unless each violation requires proof of a different element (6). It also contains the due process clause, which protects citizens from being deprived of their life, liberty, or property without due process of the law.

The Fifth Amendment also contains the Takings Clause, which allows the government to take private property for public use if the government provides “just compensation” to the property owner. The government has used this provision to justify eminent domain or the seizure of private property for public use. It has also been used to justify regulations restricting personal property use, such as zoning laws. The federal government has used the Takings Clause to justify rules restricting personal property use, such as zoning laws.

The Fifth Amendment is important because it protects citizens from self-incrimination and double jeopardy. It also contains the due process clause, which protects citizens from being deprived of their life, liberty, or property without due process of the law. When the government takes private property for public use, it must provide just compensation to the property owner.

When the police question a criminal suspect, they must read the suspect their Miranda rights, which are based on the Fifth Amendment. If a police officer does not read the Miranda rights to a criminal suspect, evidence obtained from questioning the suspect may not be used in Court. In this instance, the player is the criminal suspect, and the step in the criminal justice process is interviewing/interrogation. The measures would follow: The police would arrest the criminal suspect and then take them into custody. The police would then read the Miranda rights to the criminal suspect. After this, the police would question/interrogate the criminal suspect.

In the case of Miranda v. Arizona, 384 U.S. 436 (1966), the Supreme Court held that the Fifth Amendment’s Self-Incrimination Clause requires the police to advise a suspect in custody of his or her Miranda rights before questioning the suspect (8). The player in this instance is the police officer, and the step in the criminal justice process is questioning/interrogating a criminal suspect.

A contemporary article that discusses the Fifth Amendment is “The Fifth Amendment’s Forgotten History” by Garrett Epps, published in The Atlantic on October 18, 2018 (4). In the article, Epps discusses how the Fifth Amendment has been used throughout history and how it applies to contemporary issues.

6th Amendment

The Sixth Amendment to the U.S. Constitution affords citizens the right to a speedy and public trial by an impartial jury in criminal cases (5). The district court must give the jury a list of charges against the defendant, and the jury must decide whether the defendant is guilty or not guilty. The Court will sentence the defendant according to the law if the defendant is found guilty. Public trial by jury is important because it allows for transparency and accountability in the criminal justice system.

In this instance, the player is the defendant, and the next step in the criminal justice process is the trial. The measures would follow: The defendant would be charged with a crime. The district court would give the jury a list of charges against the defendant. The jury would then decide whether the defendant is guilty or not guilty. The Court will sentence the defendant according to the law if the defendant is found guilty. Then, the defendant would have the right to appeal the decision.

The case of Duncan v. Louisiana, 39 established that the Sixth Amendment’s right to a trial by jury applies to state criminal proceedings through the Fourteenth Amendment’s Due Process Clause (5). In the case, the defendant was charged with simple battery, a misdemeanour offence punishable by up to two years in prison. The defendant waived his right to a jury trial and was convicted by a judge. The defendant appealed his conviction, arguing that he was denied his Sixth Amendment right to a trial by jury. The Supreme Court agreed and reversed the defendant’s conviction.

An article that discusses the Sixth Amendment is “The Right to a Speedy Trial” by Eva Rodriguez, published in The Washington Post on May 16, 2019. In the article, Rodriguez discusses how the Sixth Amendment is interpreted and applied in contemporary society.

8th Amendment

The Eighth Amendment to the U.S. Constitution prohibits the use of excessive bail and excessive fines, and it also prohibits cruel and unusual punishment. The purpose of the Eighth Amendment is to protect citizens from being subjected to excessively harsh punishments by the government (7). Excessive fines can be imposed on a person for various reasons, including criminal offences, civil infractions, and failure to pay taxes. Cruel and unusual punishment is any form of punishment that is considered to be inhumane or excessively severe. The Amendment is important because it helps to ensure that citizens are not treated unfairly by the government.

The Eighth Amendment applies to the player (defendant) and the step (sentencing) in the criminal justice process. The measures would go as follows: After the defendant is found guilty of a crime, the Court will sentence the defendant (7). The Court will consider the severity of the crime and any mitigating factors when determining the sentence. If the punishment is excessively harsh, the defendant can appeal the ruling.

In Solem v. Helm, the Supreme Court held that the Eighth Amendment’s prohibition on excessive bail does not apply to state criminal proceedings. The case involved a defendant who was convicted of grand theft and sentenced to life in prison (7). The defendant appealed his sentence, arguing that it was excessive and violated the Eighth Amendment. The Supreme Court disagreed and upheld the ruling.

References

Constitute Project. No date. Constitution of the United States of America. https://www.constituteproject.org/constitution/United_States_of_America_1992

No date. Rodriguez v. United States. https://www.oyez.org/cases/2014/13-9972

No date. Terry v. Ohio. https://www.oyez.org/cases/1967/67

Epps, G. (2018, December 5). There’s an exception to the double jeopardy rule. The Atlantic. Retrieved March 20, 2022, from https://www.theatlantic.com/ideas/archive/2018/12/gamble-v-united-states-case-double-jeopardy/577342/

Hawkins, D. (2016). 6th Amendment-confrontation. Wisconsin Law Journal.

Hawkins, D. (2022). 5th Amendment Violation Suppression Motion Denied. Wisconsin Law Journal.

O’Keane, V. (2017). Submission to the Joint Committee on the 8th Amendment of the Constitution. depression, 1(4).

Petite, S. (2021). Five Words That Changed America: Miranda v. Arizona and the Right to Remain Silent. Law Libr. J., 113, 221.

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Question

The U.S. Constitution affords citizens various rights and freedoms. These include freedom of religion, freedom from unreasonable search and seizure, and the right to equal justice. As upholders of the Constitution, police officers swear an oath to uphold people’s Constitutional rights as they perform their duties to prevent, reduce, and address criminal activities.

Constitutional Amendments and Criminal Justice Process

Of the 27 amendments to the U.S. Constitution, four amendments in particular pertain to the criminal justice process:
The Fourth Amendment prevents unreasonable searches and seizures.
The Fifth Amendment affords people various rights in criminal and civil proceedings. Examples include the right to a grand jury and due process. It also allows people to protect themselves from self-incrimination, and it prohibits double jeopardy.y
The Sixth Amendment guarantees various rights to criminal defendants, such as a speedy trial, a lawyer, and an impartial jury. It also guarantees defendants the right to know who their accusers are and the nature of the charges and evidence against them.
The Eighth Amendment prohibits the federal government from imposing excessive bail, fines, or cruel and unusual punishments.
In this assignment, you will be asked to:
Explain the meaning and importance of these four amendments.
Illustrate how the Amendment applies to a player and a step in the criminal justice process.
Illustrate with an example from case law or contemporary articles how the Amendment applies to the particular player and step in the criminal justice process.
Instructions

Use the Constitutional Amendments and Criminal Justice Process Template [DOCX] to:
Provide the text of the Fourth, Fifth, Sixth, and Eighth Amendments, along with your interpretation of them and their importance.
Note: The Fourth Amendment is completed for you as an example to guide your work on the remaining three amendments. Likewise, refer to the work you did in this week’s discussion on the Fifth and Sixth Amendments as you complete this portion of your assignment.
Illustrate how the Amendment applies to a player and a step in the criminal justice process (Fourth Amendment—law enforcement—arrest).
Refer to the 3Ps of the Criminal Justice document (left-hand menu) as you work on this portion of your assignment.
Illustrate how the Amendment applies to the particular player and step in the criminal justice process, with an example from case law or contemporary articles.
You may find the CQ Supreme Court Collection database useful as you research.
This less than two-minute video, Finding Supreme Court Cases Relating to Specific Amendments, shows you how to search for cases by Amendment.
Use three sources to support your writing.
Choose sources that are credible, relevant, and appropriate.
Cite each source listed on your source page at least once within your assignment.
Access the library or review library guides for help with research, writing, and citation.
Consult the Constitutional Amendments Resources List [PDF] for links to help you start your research.
You may use your textbook as one of your resources.

Constitutional Amendments and Criminal Justice Process