CJ 112 Project One Template

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Southern New Hampshire University *

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112

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Law

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Feb 20, 2024

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4

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How the Criminal Justice System Works in the United States
The U.S. Constitution The Bill of Rights The U.S Constitution is a document that contains 33 amendments which are essentially laws. “It was signed on September 17, 1787, by delegates to the Constitutional Convention in Philadelphia” (History.com, 2021). The constitution was established to set fourth rules and give people certain rights. It is important that law enforcement follows these rules and rights within the constitution otherwise a criminal could walk free. The fourteenth amendment states, “No state shall make or enforce any law which shall abridge the privileges or immunities of citizens of the United States” (Constitution, n.d.). This amendment also states that everyone has the right to due process, and no one shall be denied protection. “The Bill of Rights is the first 10 amendments to the U.S. Constitution” (Interactive Constitution, 2020). “These amendments guarantee essential rights and civil liberties” (Interactive Constitution, 2020). The purpose of the Bill of Rights is to make sure that everyone is treated fairly and have the same rights. This ensures that favouritism is not shown nor any racial injustice.
An Important Amendment The Fourth, Sixth, or Eighth Amendment The fourth amendment is as follows, “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” (Constitute, n.d.). When thinking about a real-life example when these rights may not be guaranteed I instantly thought of a person’s trash. Once you take your trash out, I have heard that it is no longer protected under this amendment and anything law enforcement finds can be used against you. Criminal justice professionals may be restricted in any case that there is not enough information to get a warrant. Without a warrant law enforcement cannot do much when it comes to searching and looking for useful evidence to help them solve a crime and/or convict someone. Laws and Policing in a Democratic Society In 1829 in London, England was the birth of the Metropolitan Police Act. This act is what is known as modern policing in England. There are three eras of policing in the United States. The political era (1840s – 1930s) was a time when politics played a big role in policing. “Police corruption also surfaced at this time” (Peak & Madensen, 2017). The reform era (1930s – 1980s) was a time when politics were not involved in policing and this era is also known as the professional era. Lastly, the community era (1980s – present) is a
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time when community involvement is encouraged to help police keep crime low. “The rule of law is a durable system of laws, institutions, norms, and community commitment that delivers accountability, just law, open government, and accessible and impartial justice” (World Justice Project, n.d.). The Rule of Law is applied by holding not only criminals accountable but any law enforcement or court professional as well. It also is applied by keeping the law clear and always clearly informing people of the law(s) that they may have broken. Also, by allowing a speedy trial with an impartial jury is a way that the Rule of Law is applied. References: Constitute. (n.d.). United States of America 1789 (rev. 1992). https://www.constituteproject.org/constitution/United_States_of_America_1992 . Constitution Annotated. (n.d.). Fourteenth Amendment Citizenship, Equal Protection, and Other Post-Civil War Provisions. https://constitution.congress.gov/browse/amendment-14/#:~:text=No%20State %20shall%20make%20or,equal%20protection%20of%20the%20laws . History.com. (2021). Constitution. https://www.history.com/topics/united-states- constitution/constitution#:~:text=Contents&text=The%20Constitution%20of %20the%20United,the%20Constitutional%20Convention%20in%20Philadelphia . Interactive Constitution. (2020). Bill of Rights Overview. https://constitutioncenter.org/interactive-constitution/learning-material/bill-of- rights-overview . Peak, K. J., & Madensen, T. D. (2017). Southern New Hampshire University: Introduction to Criminal Justice: Practice and Process Interactive eBook (3rd Edition). SAGE Publications, Inc. (US). https://mbsdirect.vitalsource.com/books/9781071856239 World Justice Project. (n.d.). What is the Rule of Law?. https://worldjusticeproject.org/about-us/overview/what-rule-law .