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Constitutional Safeguards

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Submitted By kmeier8452
Words 759
Pages 4
Criminal Law Foundations Evaluations
Kelly Meier
CJA 484
06/01/2014
Keith Carr

The Constitutional safeguards provided by the 4th, 5th and 6th Amendments to the United States Constitution describe the means to the principle of due process. These laws are set into place to ensure a safer living environment for all citizens. This paper will focus on these rights and the safeguards with in a juvenile setting as well as adult setting on a day to day basis. The 4th Amendment was put into place to prohibit unreasonable search and seizures of ones property without reasonable cause and without a warrant. Over time the Supreme Court has allowed some changes to this Amendment such as; allowing the police to search a person that has been arrested, the officer sees something in plain sight and search property where the officer feels that there may be danger to their self or the suspect. When it comes to juveniles there are restrictions on this amendment. Only juveniles under age 18 that have been accused of criminal conduct are granted the 4th amendment rights. If the juvenile is being accused of non-criminal behavior the constitution has not been defined (Kenneth T. Hanley, Fourth Amendment Protection for the Juvenile Offender: State, Fordham L. Rev. 1140, 1981). The 5th Amendment states that “No person shall be held to answer for a capital, or otherwise infamous crime, unless on a presentment or indictment of a grand jury, except in cases arising in the land or naval forces, or in the militia, when in actual service in time of war or public danger; nor shall any person be subject for the same offense to be twice put in jeopardy of life or limb; nor shall be compelled in any criminal case to be a witness against himself, nor be deprived of life, liberty, or property, without due process of law; nor shall private property be taken for public use, without

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