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Free «American Constitution » Essay Sample

Introduction

American constitution has remarkably been amended and remodeled since1787 when its ratification by various states begun. Several personalities and organizations put effort to ensure its implementation amid resistance from some states. Today, it is regarded as one of the briefest and oldest constitutions. It has effectively safeguarded the Americans' rights. Indeed, it is worthy to acknowledge the efforts of those who set its cornerstones, George Washington as one of them. They signed this framework in the year 1787 after an earlier pronouncement of sovereignty of the nation (Bederman, 2008). This act led to establishment of a highly coordinated system of governance that linked and controlled all its states, that is now the United States of America. It is crucial to understand such a background before exploring the diverse concerns.

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 Four Basic Components of Fifth Amendment

This Amendment provides in its relevant part that no American citizen shall be dispossessed of living, freedom, or assets, with no suitable course of justice. Majorly, it places limitations to government's trial of suspects. It outlines due procedure of rule and prevents personal-incrimination and situations where suspects are charged more than once for a given offence. Lastly, it champions for fair reward whenever personal possessions of a citizen are publicly utilized. Basic highlights of this amendment encompass double jeopardy, where no one is liable for double charges in any American court for an offence committed. In addition, there must be a proper judicial examination of a controversy before one is charged. In addition, no American citizen should be summoned in a court to be self-witness. Finally, every person whose private property is taken for public purposes must receive adequate recompense. The government lacks authority to confiscate private property forcefully, or any method therewith, without proper compensation.

Confession Law and Overview of Related Cases

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Confession refers to statements that a court allows an intelligible individual to make before it concerning an acceptance of a fault in commission of an offense. It helps in ascertaining whether a suspect may be guilty or not by the judiciary. Fifth Amendment clearly outlines that no individuals shall be constrained in any judicial examination of a criminal offence to witness not in favor for themselves. Generally, there are five steps through which confessions have to be subjected to for it to be legitimate. There is actually no any confession law. Fourth Amendment conditions an inhibition trial anytime somebody demands that confession to be null.

The sections here under may also be termed as a produce of the deadly tree principle. Here, the level of willingness may not be significant in confessions, which are already poisoned especially if the suspect's Fourth amendment privileges were not respected. One of the relevant cases here may be the "Wong Sun v. United States, 371 U.S. 471 (1963)". There was conviction of persons of counterfeit and knowing movement and disguise of unlawful drugs. Though the Appellate court sited unlawful arrest, it still gave hand to their conviction despite the nature of statements from Toy and the partner.

Fifth Amendment, as already been described cushions suspects from being forced to perform testimonies against themselves. In addition, the following Sixth Amendment goes to serious pretrial stages of criminal process. Fourteenth Amendment combines with Fifth one and forms foundation for voluntary law. The last stage is the "McNabb-Mallory rule" that prevents unnecessary setback in accusation. It also holds unsound confession, be it voluntarily made once drawn from long delays in legal examination of the suspect. Another example is the "Miranda v. Arizona 384 U.S. 436 (1966)".

This case, examined by U.S. Supreme Court brought transformation to the judiciary in regard to suspect's obligations and protection. Verdict here upturned criminal convictions as well as eliminated insinuations from defendant during custody. The Court put forward that Miranda was denied the entitlement not to implicate himself otherwise of the obligation to have a lawyer, and include him or her through the questioning. This constitutional fact turned the confession the main proof on which court depended during the examination, barred (Stephen & Scheb, 2007). This judicial controversy gave birth to the so-called "Miranda warnings" which the police had to put to consideration during conduct of any interrogation or prosecution.

 
 
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From the above cases, it is illustrative that there should not be confessions that are coerced, and suspects are protected from torture during such processes. Voluntarily done confessions may sound convincing and must be scrutinized in a precautionary manner. In addition, involuntary ones gotten through intimidation or deceit have to be checked legally to prohibit them from jeopardizing suspect's social privileges. If in favor of earlier inducement and influenced by a person in power due to life risk or pledge, the confession henceforth becomes invalidated, and is subject to legal scrutiny.

Relevance of the Fifth, Fourteenth, Sixth and Fourth Amendments

According to the US constitution, Amendments one to ten elaborate the "Bill of Rights" and these majorly work to safe guard persons from unfair accusations and legal restrictions. For exact identification, pictures or individuals presented should look alike but not vindictive on others. Fourth Amendment protects citizens from irrational and unnecessary searches and confiscation of their assets. In addition, it sets circumstances for legitimate provision and application of seek out warrants by authorized officers to enhance a person's rights of safety. A substantive cause for warrant issue must be available. Furthermore, there has to be full descriptions of place, things, and individuals involved in the process. On the other hand, Fifth Amendment outlines specific legal and practical privileges of persons.

Here, government is not justified to compel one to be a witness against himself, cannot deny a citizen of his or her rights, and enforce double jeopardy. Amendment 6 assures suspects with some immunity against government's powers. In this provision, an accused may seek assistance from attorney, meet the witnesses confessing against him or her, be publicly tried by a resident judge, and be provided with adequate information on why he or she is accused (Hails, 2008). Lastly, Amendment 14 gives generalized guard for civil liberties of a suspect against state powers. It forbids governments from coming up with and implementing guidelines, which can deny a citizen of living, freedom, or possessions devoid of due track of law.

Conclusion

Although most citizens remain assertive about apprehension and castigation of lawbreakers by authorized officers, there are legitimate limits on their level of exercise. These acts like a check balance to ensure the rights of accused persons are not abused by officials. There is no person assumed to be guilty unless proven otherwise before the court of American law, and this responsibility rests with the prosecutor. The US Constitution has been an effective piece of legal dispensation. In about two centuries since its foundation, it has worked to unite all the nation's several states and put them under central governance. It also contains a number of individual rights protections not necessarily within "Bill of Rights" and amendments. An example is habeas corpus, which protects citizens from authorized persons who may jail them subjectively based on their popularity or critic nature. This paper highlights diverse concepts pertaining to the American constitution.

   

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