4th 5th 6th amendment criminal rights Research Paper

4th 5th 6th amendment criminal rights - Research Paper Example Even though these amendments were introduced by James Madison in 1789 to the First United States Congress, it came into exist with effect only 1791 onwards only. Earlier majority of the states hesitated to accept these amendments which caused the delay. But three fourths of the states accepted it in 1791 and bill of rights became the part of US constitution from then onwards. Even though James Madison was the architect of these amendments, the contributions from other prominent personalities like Thomas Jefferson helped Madison immensely in attaching these amendments to the US constitution These ten amendments or Bill of rights protects basic rights of American citizens in many ways. It ensures free speech, free press, free assembly and association etc. It prohibits federal government from infringing into the human right issues such as liberty, equality and freedom of expression. It also prevented the Congress from making any controversial law which may affect the religious freedom enjoyed by the American people. It also ensures speedy and impartial trial and court procedures in public offense cases. In a true democratic state, the public should hold the power instead of the government and Bill of rights was an attempt to give more power to the public which earlier enjoyed by the governments. This paper briefly analyses only the fourth, fifth and sixth amendments 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 seized2. The Fourth Amendment to the United States Constitution protects the public against illegal or unreasonable searches and seizures. Earlier, law enforcement agencies misused their power in many ways to take revenge upon their

FAMILY LAW Essay Example | Topics and Well Written Essays - 2500 words - 2

FAMILY LAW - Essay Example The main setback identified in this area is due to the fact that the national criminal justice system does not consider domestic abuse or violence as criminal activities, and fails to provide adequate protection for women against such offences1. To compound the misery, there is considerable bureaucratic apathy among the enforcement authorities, such as the police, prosecutors and judges. These persons have been found to be unwilling to identify the causes of domestic violence. Therefore, the enforcement of laws against domestic violence has not been effective or constructive. Most law enforcing authorities do not view domestic violence as a serious criminal issue, and consider it to be a private problem. Their belief is that women have to deal with the problem of domestic violence and arrive at a solution to it by themselves. Most women believe that the criminal justice system acts as a barrier to their seeking the court’s intervention to eliminate violence. Several international bodies claimed that domestic violence is a violation of human rights. They also demanded that human rights must be made applicable to domestic violence. Human rights treaties have to develop effective instruments to address the problem of do mestic violence2. Activities such as physically hitting or slapping or a threat to cause harm to the victim or child of the victim, threatening to commit suicide or demeaning the victim verbally or physically, restricting the victim in visiting his or her friends or family member would constitute crimes of domestic violence3. Domestic violence is distinct from other types of assault. It should be dealt with separately with a separate dedicated mechanism for handling of cases; and there should be high levels of prosecutions and punishments. Only then will it be possible to eliminate domestic violence from the lives of women. The effects of domestic violence are much higher than that of physical assaults. Psychological damage is a very common