CJ 112 Project One
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Southern New Hampshire University *
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112
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History
Date
Dec 6, 2023
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docx
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5
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Amanda Green CJ-112 5-2 Project One 5.30.2023
How the Criminal Justice System Works in the United States
The U.S. Constitution
The Bill of Rights
The Constitution created the three branches
of government, Legislative, Executive and
Judicial. It clearly divided power between the
individual states, federal government, and
protects U.S. citizens of their individual rights.
The 14th Amendment shifted the Constitution
when it established freedoms for all citizens,
including former enslaved people. The 14th
Amendment established federal protections
from the Bill of Rights.
The Bill of Rights was adopted in 1791, and is
the first ten amendments of the United States
Constitution. It leads criminal justice practices
and policies to ensure laws are followed and no
one's rights are violated. It provides due process
of the law and equal and fair treatment for
everyone.
The primary purpose of the Bill of Rights is that the
government can not have excessive control over an
individual.
An Important Amendment
The Fourth Amendment
The Fourth Amendment to
the U.S. Constitution states, people are protected from
unreasonable search and seizures by the government, this
includes their person, houses, papers and effects. Probable
cause must be had, supported by affirmation or oath with a
warrant, and it must describe the person, place and things
being searched. There needs to be sufficient probable cause
for someone to be searched, and without a judge's signature
there can be no warrant. If evidence is submitted and it is
found to be falsified, it can be thrown out. The Fourth
Amendment restricts the government from unreasonable
searches and seizures.
Citizens’ Rights: According to Peak, 12/2017, these are the only
searches allowed without a warrant: “(1) searches incident to
lawful arrest, (2) searches during field interrogation (stop-and-
frisk searches), (3) searches of automobiles under special
conditions, (4) seizures of evidence that is in “plain view,” and
(5) searches when consent is given.”
Terry V Ohio (1968) is a real world example of when a law
enforcement officer witnesses males outside a jewelry store
and the officer suspects the men were going to rob the store.
Upon frisking the men, the officer found firearms and there
was no protection for Terry under the 4th Amendment.
Given consent to a search may be revoked at any time from
citizens, forcing law enforcement officials to have to wait for
the warrant to proceed.
Laws and Policing in a Democratic Society
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Laws are important in a democratic society because they establish an expected behavior, and when laws
are broken, there are consequences. In the beginning in England there were four criminal justice officers:
a sheriff, constable, coroner and a justice of the peace. In 1829 England’s British Army was replaced with
the London Police because of the Metropolitan Police Act established by Sir Robert Peel. Peel believed the
police’s main purpose was to protect the public and their rights.
References:
Peak, K. J., Madensen, T. D.
(2017). Southern New Hampshire University: Introduction to Criminal
Justice: Practice and Process Interactive eBook,
3rd Edition. [[VitalSource Bookshelf version]].
Retrieved from vbk://9781071856239