What rights this amendment guarantee or protect? Essay

Published: 2020-02-25 10:42:13
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Category: Grand jury

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The legal aspect on the conduct of this Amendment has been required by the US Supreme Court through obtaining of search and seizure order from a Judge that is the only authority to issue search and arrest warrants in order to applying the due process of law, and the right of the arrested violators to defend their circumstance in a court proceeding.

Pros

The government is being provided with authority to conduct investigation and that searching and seizure of suspected contraband and arresting of violators are enjoined through a fair trial. In this regard, the due process of law is the chance of the criminals to defend them. Cons The governments enforcement may be minimized and affect their mobility to conduct entrapment operations and risk the secrecy of pursuit to the suspected criminals. Amendment V: Rights in criminal cases.

Presentment or indictment of a Grand Jury, except in cases arising in the land or naval forces, or in the Militia, when in actual service in time of War or public danger; nor shall any person be subject for the same offence to be twice put in jeopardy of life or limb, nor shall be compelled in any criminal case to be a witness against himself, nor be deprived of life, liberty, or property, without due process of law; nor shall private property be taken for public use, without just compensation.

What rights this amendment guarantee or protect? The application of Amendment 3 on the conduct of search and arrest is being upheld with protective measures of this Amendment. Wherein the prosecution of suspected violators are rendered with a due process through a court proceeding. The Federal government has adopted the court proceeding to have a peoples jury that would form part of the prosecution and dealing with penalty. The right to be heard before the court is the right of a suspected criminal to undergo a fair trial.

In which case, the peoples jury (composed of individual citizens) observes and interprets the process of court hearing on the circumstance and presented facts against the accused. The application of this process form part of the jurisprudence that serves the gravity and degree of verdict on the prosecution. Pros The peoples jury (known as grand jury) serves as the pleading chance of the accused to defend the circumstance of the crime.

During this litigation, the human rights of the accused is being protected and the safeguarding of property that is also dealt in question, in cases of plunder, to be preserved and may not be used by the government and be declared as an imminent domain (known as to becoming state-owned after an embargo). It would be then the peoples jury that would render the indictment for the court to issue the punishment (Rapczynski, J. , 2000). Cons

The court trial as comprised by a grand jury may influence the documentation of the case being conducted by the presiding Judge. What it meant to influence the documentation process is it may be overruled upon the verdict of the grand jury. Likewise, there may be the chance of the accused to influence some individual members of the grand jury that could substitute the verdict to shallow punishment. Amendment VI: Right to a fair trial.

In all criminal prosecutions, the accused shall enjoy the right to a speedy and public trial, by an impartial jury of the State and district wherein the crime shall have been committed; which district shall have been previously ascertained by law, and to be informed of the nature and cause of the accusation; to be confronted with the witnesses against him; to have compulsory process for obtaining witnesses in his favor, and to have the assistance of counsel for his defense.

What rights this amendment guarantee or protect? The right to a fair trial supplements the right during criminal cases. During application of due process in criminal prosecution, the court must maintain the transparency of the court proceedings and be it known as a public knowledge. Another form of the fair trial at the dispensation of public awareness and transparency is well supported by documenting and putting into archive the process of the trial in order to derived full transcription of the case.

Pros The fair trial provides the indicted person the right to an attorney. Meaning, the accused has also the right to remain silent without a defense counsel during the pre-investigation process, and that the state shall provide a lawyer from which the accused may not afford. Further, this process as supported with archiving of the court proceedings would provide the accused to seek further pleadings through an appeal for re-investigation or re-opening of the case in a Court of Appeal.

However, the appeal may be reviewed and determined as to be substantiating to the gravity of indictment wherein capital offense that is punishable by reclusion perpetua, otherwise known as life imprisonment, and heinous crimes that is punishable by death undergo slim chance of appealing to the Court of Appeal. Cons The accused, publicly known as a criminal, is still enjoying the chance to defend oneself in the court of laws.

The prosecution may be substituted with impartiality as may be accorded by the social influence of the accused. Amendment VII: Rights in civil cases. In Suits at common law, where the value in controversy shall exceed twenty dollars, the right of trial by jury shall be preserved, and no fact tried by a jury shall be otherwise re-examined in any Court of the United States, than according to the rules of the common law. What rights this amendment guarantee or protect?

The inclusion of the peoples jury may be determined by the Court as provided in capital offense. This particular Amendment constitutes the procedure in civil suits to be opting to include a peoples jury. The civil suits may be discretionary to include a peoples jury at the circumstance of involve amount, in cases of money laundering and alleged malversation, that exceeds twenty dollars (Rapczynski, 2000). Pros The civil suit may be extra-judicially settled and may avoid presumed expense in a court proceeding.

A reconciling endeavor to settle conflict of financial obligation may also be rendered. A private agreement to settle the conflict may also avoid public scandal and preserve the morality of both parties involved. Cons The court proceeding is deviated and some degrees of deviation may compromise the existing laws on civil settlement. The procedure to extra-judicially settle the obligations and liabilities may be an anti-precedent to the prescribed rules of court and may neglect the morality aspects of justice.

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