25 Aug Provide the text of the Fourth, Fifth, Six
- 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, be sure to 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 with an example how the amendment applies to a player and a step in the criminal justice process (for example, Fourth Amendment—law enforcement—arrest).
- Refer to 3Ps of Criminal Justice document (left-hand menu) as you work on this portion of your assignment.
- 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.
- You may find the CQ Supreme Court Collection database useful as you conduct your research.
- This less than two-minute video, called 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 one time within your assignment.
- For help with research, writing, and citation, access the library or review library guides.
- Consult the Constitutional Amendments Resources List [PDF] for links to help you get started on your research.
- You may use your textbook as one of your resources.
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CRJ325 |
Constitutional Amendments and Criminal Justice Process Template
Instructions
For each Constitutional amendment:
Provide the 4th, 5th, 6th, and 8th Constitutional amendments along with your interpretation of them and their importance.
Illustrate with an example how the amendment applies to a player and a step in the criminal justice process (e.g., 4th amendment—law enforcement—arrest).
You will need to refer to the 3Ps of Criminal Justice graphic you have been reviewing throughout the course.
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.
Note:
The 4th Amendment is completed for you as a guide to completing the 5th, 6th, and 8th amendments.
Remember to use your work from this week’s discussion when completing the 5th and 6th amendments.
Consult the Constitutional Amendments Resources List for links to help you with your research.
Remember to use SWS to properly cite your sources.
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Amendment/Interpretation/Importance |
Player/Step/Example/ |
Example from Case Law or Contemporary Article. (This database will help you complete this column: CQ Supreme Court Collection.) |
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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 warrants, 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 and searches both warranted and warrantless. |
Law Enforcement—Preliminary Investigation As an example, police detectives have taken statements from an informant under oath pertaining to the whereabouts of a robbery suspect. The officers believe evidence exists at a certain location based on the informant’s statements and eyewitness testimony. They go to the court seeking a search warrant for that specific 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 in order 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 him or her 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). |
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5th Amendment |
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6th Amendment |
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8th Amendment |
Sources
1. Constitute Project. No date. Constitution of the United States of America. https://www.constituteproject.org/constitution/United_States_of_America_1992
1. Oyez. No date. Rodriguez v. United States. https://www.oyez.org/cases/2014/13-9972
1. Oyez. No date. Terry v. Ohio. https://www.oyez.org/cases/1967/67
© 2020 Strayer University. All Rights Reserved. This document contains Strayer University Confidential and Proprietary information and may not be copied, further distributed, or otherwise disclosed in whole or in part, without the expressed written permission of Strayer University.
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The 3Ps of Criminal Justice: Players, Process, and Procedure See the next page for a full description of this graphic.
Law Enforcement
• Incident–reported by public or observed by police
• Preliminary Investigation–to determine whether to move case forward
• Arrest–if case is to move forward
The Courts
• Preliminary hearing–to determine whether sufficient evidence to go to trial
• Arraignment–guilty, trial, or plea deal
• Court Case–if case goes to trial
• Court Determination– not guilty–ends; guilty– corrections
Corrections
• Sentencing–county jail,state prison, or probtion
• Release from Custody– parole, probation, or other release programs
© 2020 Strayer University. All Rights Reserved. This document contains Strayer University Confidential and Proprietary information and may not be copied, further distributed, or otherwise disclosed in whole or in part, without the expressed written permission of Strayer University.
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The Players
The three major players who touch the criminal justice system are law enforcement, the courts, and corrections.
The Process
The processes of the criminal justice system occur in a series of steps. At each step, the various players have discretion.
• Law Enforcement: o An incident is reported by the public or observed by police. o A preliminary investigation is made to deteremine whether to move the case forward. o Arrests suspects if case is to be moved forward.
• The Courts: o A preliminary hearing is made to determine whether there is sufficient evidence to go to trial. o Suspect is arraigned and makes their plea. o A court case is held if the case goes to trial. o The court determines whether suspect is not guilty or guilty and determines corrections.
• Corrections: o After sentencing a suspect is put on probaion or goes to county jail or state prison. o After being released from custody a suspect is on parole, probation, or another release program.
Procedure
Each of the steps in the criminal justice process is goverrned by criminal justice procedure dictated by the law. Little discretion exists within criminal procedure. Failure to follow procedure brings the criminal justice process to a stop.
© 2020 Strayer University. All Rights Reserved. This document contains Strayer University Confidential and Proprietary information and may not be copied, further distributed, or otherwise disclosed in whole or in part, without the expressed written permission of Strayer University.
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- The Players
- The Process
- Procedure
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Constitutional Amendments Resources List
Consider these resources as you conduct your research for the Constitutional Amendments and Criminal Justice Process assignment.
5th Amendment
• 5th Amendment. No date. Constitution Annotated: Analysis and Interpretation of the U.S. Constitution. https://constitution.congress.gov/constitution/amendment-5/
6th Amendment
• Patricia Barnes. 2001. What Rights Are Afforded Defendants under the Sixth Amendment to the U.S. Constitution? in Desk Reference on Criminal Justice 8. http://library.cqpress.com.libdatab.strayer.edu/scc/drefcj-0012945601
8th Amendment
• Patricia Barnes. 2001. What Rights Are Afforded Defendants under the Eighth Amendment to the U.S. Constitution? in Desk Reference on Criminal Justice 9. http://library.cqpress.com.libdatab.strayer.edu/scc/document.php?id=drefcj- 0012945071
• David G. Savage. 2011. Cruel and Unusual Punishment in Guide to the U.S. Supreme Court 762-73 (5th ed.). http://library.cqpress.com.libdatab.strayer.edu/scc/gct5v1- 1179-57466-2235420
5th, 6th, and 8th Amendments
• John Vile. 2018. Summaries of Leading Cases in U.S. Constitutional Law. http://libdatab.strayer.edu/login?url=https://search.ebscohost.com/login.aspx?direct=t rue&db=nlebk&AN=1711378&site=eds-live&scope=site
o You will find Chapter 12 especially helpful. • Jay M. Feinman. 2018. Law 101: Everything You Need to Know About American Law.
http://libdatab.strayer.edu/login?url=https://search.ebscohost.com/login.aspx?direct=t rue&db=nlebk&AN=1840319&site=eds-live&scope=site
© 2020 Strayer University. All Rights Reserved. This document contains Strayer University Confidential and Proprietary information and may not be copied, further distributed, or otherwise disclosed in whole or in part, without the expressed written permission of Strayer University.
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- Constitutional Amendments Resources List
- 5th Amendment
- 6th Amendment
- 8th Amendment
- 5th, 6th, and 8th Amendments
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