Tag: The United States Constitution
The United States Constitution
Analysis of the First, Fourth, Fifth, Sixth, and Fourteenth Amendments to the United States Constitution
The first amendment on the US constitution is the freedom of expression of religion and the press. This part of the constitution prohibits any form of inhibition of speech, worship as well as the ability to assemble people peacefully. This allows for all Americans to speak freely and worship any where they feel comfortable in the whole country The United States Constitution, (2010). The fourth amendment is concerned with unreasonable searches and seizure of property as well as people. It calls for law enforcers to be issued with a search warrant describing the specific place to be searched as well as its extent in addition to a description of property or individuals that will be seized. Therefore, everyone has a right to request for evidence form the officers a slack of a warrant shows that the security and privacy of the individual will be violated
The United States Constitution, (2010).The Fifth Amendment assures citizens that at no time shall they be held liable for a capital offence unless the Grand jury calls for the same or else when the said person committed the crime while in public service. Consequently, a suspect should not be called upon to testify against of for him/herself. Individuals who are found guilty are also compensated for any deprivation of property and liberty which is taken from them. The sixth Amendment calls for quick trials which do not drag for years as well as incorporation of an impartial jury such that the trail is carried out in the same place where the crime was committed thus saving plenty of time.
The accuse will also be given an opportunity of looking for witnesses who will support him/her as well as allowing a direct confrontation with the witnesses who are against the suspect. This creates room for the jury to have a clear picture of both sides of witnesses. The Assistance Counsel is also obliged to help the accused in his defense which allows for the accused to have his crime read out so that the accusation is clearly understood as part of the rights of the accused.Amendment number fourteen states that all individuals who are born or those who have taken up US citizenship through naturalization are American citizens as per the jurisdiction and they are thus obliged to all the rights that are availed for all residents regardless of where they reside in the country.
This calls for equal provision of public resources to all while at the same time the states are not supposed to deprive the residents of any form as well as lack of security for certain individuals The United States Constitution, (2010).However, during elections the right to vote is dependent on the number of male citizens who are above twenty one years of age during the voting period. Those who have participated in any criminal activities in addition to rebels are denied the chance to cast their vote. Consequently, individuals who have taken part in criminal activities as well as those who have provided support to enemies of the congress be elected in the position of senator or as a representative in Congress.
The same verdict applies for individuals who have committed similar crimes being chosen as president or vice-president electors unless Congress votes by two-thirds of each separate entity of the house can this clause be changed The United States Constitution, (2010).Debts which are incurred by United States citizens during rebellious activities against the country are not paid by the government but rather the individual should, bear the cost. The country therefore categorizes them as illegal and has no obligation to them. This calls for the leaders of rebellions and other actions against the government to foot their own costs and bills The United States Constitution, (2010).
Relationship between the Bill of Rights and the Administration of Justice and Security
The Bill of Rights aims at protecting the rights and freedom of Americans such that they are able to express themselves freely as well as allowing them to worship where they deem comfortable. Consequently, the citizens are assured of citizenship and their recognition as Americans regardless of whether they were born in the country or outside. The citizens are also protected form unauthorized searches and seizures by the law enforcers unless a warrant is produced prior to the actions. Similarly, the items and people who will be seized are indicated in the warrant such that the search does not invade the privacy of such an individual. The Bill of Rights also ensures that the privacy of personal property as well as ones life is protected from such unwarranted invasions.Court rulings are made faster such that trails are hastened by ensuring that they are held in the same state where they occur.
The rights of the accused are also spelt out for them as well as ensuring that the jury present is not harsh on the accused hence increasing the rate at which the case is heard The United States Constitution, (2010).Consequently, the Administration of Justice and Security protects the citizens from harm and leaders who have a criminal record. Such leaders could pose serious harm to such a country and they are thus, denied voting rights as well as any active participation in the elections. Similarly, people who engage in rebellions and other activities against the wish of the UnitedState government are made to pay for their own actions as well as any expense they may have incurred during their activities. Lack of funding thus, reduces criminal activities as they are denied government support hence protecting the lives of many citizens The United States Constitution, (2010).
Objectives and challenges facing various federal, state and local law enforcement agencies
One of the major challenge facing state law enforcement agencies is complexity of certain criminal issues regarding security of the public such that only he federal agencies can handle such cases. Complex and serious cases such as cross state boundary crimes such as kidnapping are handled by the federal state. The federal bureau of investigations handles such complex cases while the state agencies are given the mandate to deal with less complex cases which occur within the boundaries of the state Lectric Law Library, (2010).The law enforcement agencies are obliged to providing security and protection all citizens but their activities are limited by geographical boundaries such that most of them only act within their home areas.
The Federal Protective Services is a jurisdiction of the country concerned with provision of security services to federally owned property and it is characterized by the UnitedState government’s federal police force. It carries out its duties to the whole country in events such as national terrorism, insecurity as well as national disasters such as hurricanes Connolly, (2003).A challenge affecting the federal law enforcement agency is lack of powers to make their own laws such that they follow those set up for them by the country. Therefore, they can not amend or change any existing laws except when the government carries out the change Connolly, (2003).
Roles of the federal, state, and local court systems with respect to public safety and civil rights
The federal courts handle cases involving ambassadors, ministers, counsels as well as cases between individuals form different states and nationalities. Controversies between foreigners are also dealt with by the federal courts. Criminal cases arising under federal law are also handled by the federal courts as they directly affect the federal authorities Lectric Law Library, (2010).The state courts are separate from the federal courts and they handle cases dealing with violation of state laws as they posses their own individual court systems with complete set of court rules and procedures. State courts can sometimes decide on certain matters involving the federal courts due to presence of concurrent jurisdiction as well as some exclusive jurisdictions such that the roles of the two courts overlap sometimes dependent on the nature of case Lectric Law Library, (2010).
The objectives of the juvenile justice system with those of other agencies
A major objective of the juvenile justice system was to abolish death penalty for minor which was achieved in 2005 such that the young children were exempted form this sentence. Consequently, there has been intense pressure on the government to abolish the same penalty for adult criminals as well as establishment of a more human way of carrying out the death sentence Dohn and Tanenhaus, (2004).The other objective is to ensure that the juvenile criminals are not neglected while in jail, abused or mistreated as has been common in most youths serving their sentences in United States jails.
This will be accomplished by providing the juveniles with enough knowledge on their rights so as to reduce the trauma they undergo while in prison. Similarly, the constitution provides for the excising of individual rights of the accused so that a fair sentence may be delivered as well as reduce suffering for the accused once imprisoned Dohn, (2004).As a way of protecting and promoting the lives of the young members of the society, he juvenile justice system has asked juvenile courts to consider imprisonment as the last resort while the sentences should be short so that the psychological effect associated with imprisonment may not interfere with the individual’s growth Dohn, (2004).
The role of private security organizations with respect to corporate and public protection
There is an increase in the number of private security organizations in the country as compared to public security providers thus; more Americans are wiling to seek the services of the private sector due to availability as well as accessibility. Similarly, the citizens are know to have an increased affinity for places where the private sector is on the ground to provide protection as well as controlling crime as compared to places where the public security services are being offered. This is a clear indication that the public have more trust on the private security organizations due to their reliability in addition to their availability Connolly (2003).
The private security organizations are known to provide eighty five percent of the total national infrastructures while the rest is protected by the public sector. This shows that the entire private sector ahs more work in their hands as coma0pred t the public security providers. The private security organizations have also been on the forefront in fighting against domestic terrorism as the public sector handles international terrorism such that both organizations have equal roles in fighting the insecurity Connolly (2003). Most corporations; national and global have engaged the services of the private security organizations to cater for the security needs of their workers as well as their premises Connolly (2003).
Recommend solutions to the various challenges facing criminal justice organizations and security organizations
The major challenge facing public security organizations is lack of trust form the public such that the private organizations are preferred compare to the public security organizations. The only way in which this inefficiency can be eliminated is by incorporating the two groups consecutively such that they are allowed to work together to reduce the discrepancy. By engaging the two groups to work together in the same national security event, the lost trust will be regained as well as learning form each other to reduce disparities Connolly (2003). The challenge of complex criminal cases which are presented to various law enforcement agencies can be eliminated by providing clear indications and guidelines for various cases in line with the level of agency to handle the case. This can be done in the same way that different courts have different jurisdictions of solving criminal cases. This will not only reduce time wastage but also increase efficiency of the law enforcement agencies.
Connolly, P. C. (2003), the role of private security in combating terrorism. National Executive Institute’s Annual Conference
Dohn, B. and Tanenhaus, D. (2004), Juvenile justice in the making. New York: Oxford University Publishers. Inc
Lectric Law Library, (2010), understanding the law: retrieved on May 22, 2010 from: www.lectriclib.com
The United States Constitution, (2010), United States Constitution and Amendments. Retrieved on May 22, 2010 form: www.usconstitution.net/cons.htm.
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