Bill of Rights
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The Bill of Rights
The document that covers human rights in the U.S. Constitution is known as the Bill of Rights. Originated in 1789, these 26 articles were later revised into 10 main amendments by Congress and approved by majority of the states. These 10 amendments are commonly known as the 1st to the 10th Amendments. They basically deal with issues that range from unreasonable searches, freedom of speech, cruel and unusual punishment, and religious liberty. The Supreme Court required local and state governments to conform to those sections of the Bill of Rights that have been incorporated (Law2.umkc.edu, n.d.). This requirement was issued in the Due Process Clause of the Fourteenth Amendment, which incorporated many of the safeguards and injunctions enclosed in the Bill of Rights. Although, the Supreme Court required state and local government to adhere to conform to these sections of the Bill of Rights, there are a few sections enclosed in these rights that that do not apply to the states. In the 4th Amendment, it declares that every individual have the privilege to feel secure and safe within their own house, papers, effects, and person (Hall, 2008). Also, individuals should not be subjected to unreasonable searches and seizures. Unfortunately, this safeguard occasionally tends to be ignored by many states. Many states cite that it is better to be safe than sorry, therefore ignoring privacy rights and violating privacy in the name of crime prevention. No matter how innocent and if you give the impression to be suspicious, seizure can come without clarification. Numerous suspects have been arrested or detained without being aware of their rights bestowed in the 4th Amendment (Marsh, 2004).
In the Bill of Rights, there are two principal protects offered for criminal offenders. They are Procedural protections and Substantive protections. Procedural protections guarantee that a criminals litigation obeys and stick to the required standard guidelines. Found in the 6th Amendment, Procedural protections allude to the procedure in which a case is meant to transpire while also establishing the method in which proceeding in relation to enforcing substantive law. Stating that an accused individual has the right to a public and speedy trial, but also must be granted the compulsory course of action for attaining favorable witnesses (Hall, 2008). The Code of Criminal Procedure allows every state to have individual set of procedures, but there are some major rules they must adhere to, such as no arrest shall be made without probable cause being founded (Criminal Procedure, n.d.). Substantive protections, focuses on the basis of charges brought against an individual. Substantive protections require that prosecutors are able to give proof to every component of a crime in order for the individual to be convicted. In the 5th Amendment, no person is required to answer for a capital crime unless