Constitution Essay Example | Topics and Well Written Essays - 750 words

Constitution - Essay ExampleIt has become a fundamental by rights that is universally recognized by the courts and public alike. Under this presumption, defendants are entitled to a presumption of innocence. Defendants do not have to prove their innocence. The government must establish guilt beyond a reasonable doubt. This right and others are outlined in four Amendments, the Fourth which protects against searches and seizures without benefit of a court warrant, in addition to the Fifth, Sixth and Eighth. These aforementioned four Amendments are essential to the U.S. criminal evaluator system functioning as the framers of the Constitution envisioned it. (Twining v. New Jersey, 1908). The Fifth Amendment guarantees the defendants right to due process of law and from world subjected to double jeopardy or testifying against themselves. Double jeopardy room being put on trial twice for the same offense (U.S. Department of State, 2001). The Miranda Rights are cover by the Fifth Amendm ent. The Eighth Amendment prohibits courts assessing excessive bail and implementing cruel and unusual punishments. It is the Sixth Amendment that offers the most shelter for citizens. Defendants are guaranteed the right to a speedy trial and an impartial jury by the Sixth Amendment. ... Today, the courts advise this Sixth Amendment right to include appointing an attorney for defendants that cant pay for one. Prior to the Gideon v. Wainwright notion in 1963, courts had generally understood that well-grounded representation would be appointed in special situations whole such as when the defendant was not capable of comprehending the charges brought against them because of a mental deficiency. This was accepted as being fair and just but disregarded the indigent who could not afford legal counsel. Gideon was a cause affirmation that both groups, those that could not understand the charges and those that did not have the financial means to retain counsel, were at equal disadvanta ge and that all citizens had a fundamental right to be represented by legal counsel. The underpinning of Gideon is the notion that a fair trial requires a balance of power, and to the extent that the government spends money in support of the prosecution, it should also spend money on defense (Black, 1963). The Bill of Rights does not include proper(postnominal) or even ambiguous instructions regarding victim protections. Interestingly, the Sixth Amendment, which outlines the most important rights for the defendant also addresses rights, of sorts, for the victim. Because this Amendment stipulates that the defendant be lodgeed with the witnesses against him (Bill of Rights) it allows for victims to confront the person who wronged them. The accused must be able to confront their accuser which cannot happen unless, of course, the victim confronts the accused. Confronting the person who perpetrated the crime is therapeutic for the victim and is a practice that has grown in popularity in recent years. The First Amendment