Criminal law foundation Essay Example | Topics and Well Written Essays - 1500 words

Criminal law foundation - Essay Example Some of the protected rights include assistance of counsel, protection against self-incrimination, just and speedy trial, right to confront the opposing witness and requirement that all infamous crimes be tried by a Grand jury as provided in 5th Amendment. Introduction The 4th, 5th and 6th Amendments of the US constitution provides for the safeguarded rights of accused persons. A criminal defendant whether an adult or juvenile has certain constitutional rights such as the right to be represented by a counsel, the right speedy trial, the right to a trial by a jury, the protection against self-incrimination and exclusionary right (Hall, 2012). The 4th Amendment protects the accused persons from any unlawful searches and seizures by the government authorities. The Exclusionary Rule provides that any evidence obtained by the law enforcement authorities is inadmissible before the court proceedings since it violates the 4th Amendment safeguarded rights (Hall, 2012). The Fifth Amendment pro tects the defendants from double jeopardy, and self-incrimination. Specifically, the Miranda warnings requires the police officers to warn the juveniles on the right to remain silent and right to give evidence in the company of any attorney since such evidence may be used against them in criminal proceedings (Hall, 2012). The fourth Amendment protects the accused from unreasonable searches and seizures. The exclusionary rule provides that evidence obtained illegally by government authorities is inadmissible in court proceedings since it violates the 4th Amendment (Scheb, 2009). The accused has the right to file a motion of suppress and prevent the prosecution using the illegally obtained evidence. This rule applies in seizures of weapons, stolen property and illegal drugs by the police authorities. In the case of Weeks v.US (1914) 232 U.S 383 , the court ruled that whereby the police authorities exceed their authority in obtaining evidence, such searches are void since they violate the accused rights under the 4th Amendment. However, Jones v, Kmart Corp, (1998) 17 Cal, App, 4th 329, 332, the judge ruled that evidence illegally obtained by individuals acting in a private capacity is not subject to the Exclusionary rule. The Exclusionary rule provides that evidence obtained from illegal searches may not form a basis for subsequent search or probable cause of the crime. The Exclusionary rule applies to all juvenile cases that have been filed according to the Welfare and Institutions Code. Some of the prohibited methods of obtaining evidence from the accused include torture, inhumane treatment, or any court-ordered surgical operation to remove a bullet from the defendant’s body. Some of the factors that courts observe in determining whether the evidence was obtained with the consent of the accused include the intelligence of defendant, the length of detention, the repetitiveness of questioning, and the use of physical punishment and age of the accused (Sama ha, 2012). According to the 5th amendment, citizens can not be charged with an â€Å"infamous† crime unless indicted by a grand jury. The Due process Claus of the Fifth Amendment of the US constitution prohibits the courts from courts from depriving the accused persons the right to liberty or property depending on the seriousness of the crime. The court procedural laws should ensure fairness and guarantee the accused the right to be heard. The 5th Amendment prote