Amendments of the Constitution, Essay Example

The First Ten Amendments of the Constitution

The Constitution of the United States of America provides the guidance and documents the laws for the organization of the government. The first ten amendments of the Constitution, ‘The Bills of Rights’ were drawn up to protect the citizens of the United States.  They specifically provide fortification from total government control by ensuring certain rights and liberties for the people. The fourth, fifth, sixth and eighth amendments have a common theme which outlines the rights of individuals accused of crimes.

The fourth amendment outlines the state’s powers and limits. It dictates that proper search, seizures and warrants be conducted appropriately within a criminal investigation for an accused individual.  This article also prohibits state governments from discriminating against citizens of other states in favor of a resident citizen (Wikipedia, 2010).  It allows for individuals to be in their own homes without police entering for a search without proper warrants and paperwork justifying why they believe a search should be done. This article requires law enforcement to be accurate and provide reasonable cause for searches and seizures. Police officers are the most affected by this article.

The fifth amendment guarantees a trial by jury and due process for the accused. Criminal proceedings must be handled in specific ways to protect the individual and assumes the person is innocent until proven guilty. This article specifically protects individuals against law enforcement and government abuse in legal procedures. It additionally ensures individuals against being tried for the same crime twice entitled ‘double jeopardy.’ Law enforcement and lawyers must follow the law under this amendment for a fair and just trial. Related jobs affected the most by this amendment include courthouse law enforcement.

The sixth amendment deals with criminal legal proceedings. It provides that judges throughout all of the states will follow proper legal proceedings and will be conduct their positions with high morals and ethics. It provides that all individuals have a right to a speedy and fair trial. Additionally it provides that the accused have the right to legal counsel. Judges are the most affected this article.

The eighth amendment deals with bail issues and the prevention against cruel and unusual punishment. Excessive bail should not be required or excessive fines imposed, or cruel punishment imposed (LII, 2010). This article also prohibits the death penalty from being cruel or painful. Persons working in the legal system are charged with abiding by this amendment which in some cases can be difficult for working with criminals of excessively horrific nature. The article mandates that all individuals are human and no matter what the crime or punishment, that they be treated as people and not harmed based on another individual’s personal belief or feelings of vindication. Judges and law enforcement working in jails are the most affected by this article.

The Bill of Rights provides immunities for citizens of the United States. The fourth, fifth, sixth and eighth amendments support the concept of an individual being innocent until proven guilty. They provide enforcement of law and order while maintaining a balance between state, government and the public. The Constitution provides structure for the government to maintain an orderly and lawful society while the Bill of Rights protects individuals from a government with too much power.

References

LLL/Legal Information Institute. Cornell University Law School. Web. Retrieved March 1, 2010 from http://topics.law.cornell.edu/constitution/billofrights

Wikipedia. United States Constitution. Web. Retrieved March 1, 2010 from http://en.wikipedia.org/wiki/United_States_Constitution#Article_Four:_States.27_powers_and_limits