The Fourth, Fifth and Sixth Amendments Constitutional Safeguards - 64017

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The Fourth, Fifth and Sixth Amendments Constitutional Safeguards


     Constitutional safeguards have been put in place to protect the guilty and innocent from any form of discrimination which might occur when subjected to substantive criminal laws (Russell, 2001). Other reasons why the safeguards have been put place is to deter the law enforcement agencies, the courts or any other justice system from treating any of these parties arbitrarily. The constitutional safeguards are found in three areas at the federal level. These includes the Title 18 of the United States Code sections 3001 et seq.., the Federal Law of Criminal Procedures and the Fourth, Fifth and the Sixth amendments to the US constitution. This paper only evaluates the fourth, fifth and sixth amendments and how they affect the day-day operation of adult and juvenile cases.

The Fourth Amendment: Exclusionary Rule

      This amendment covers the right to be free from any form of arrests or searches. All Americans citizens should feel secure in their homes therefore searches that make them to feel insecure are unlawful according to the United States Constitution. For an arrest or search to be carried out, it must be issued only at a time when there is proof of a valid reason (Cammack, 2010). It is also necessary to back it up with an affirmation or an oath that also reflects the place where the arrest if to be carried out. Due to the fact that the fourth amendment forbids arbitrary searches, a warrant of search is necessary. According to the Supreme Court of America, it is held that this amendment prohibits unreasonable searches, though it does not provide for the require