...Criminal Procedure 4th Amendment The 4th Amendment, and Article 1 Section 12 of the NY constitution prohibit unreasonable searches and seizures. A search or seizure is unreasonable when performed by the Government and not authorised by the warrant or conducted under circumstances given rise to an exception to the warrant requirement. The 4th Amendment does not prohibit, or require a warrant for reasonable searches and seizures. It is a restraint on government or state action, but does not prohibit private reasonable or unreasonable searches of seizures. The 4th Amendment does not require a warrant for searches of US citizen on foreign soil. Prob: Wife searched H briefcase and found videos in which H featured their 13 year daughter in a pornographic film. W turned the film over to a friend, a police officer, who used it to obtain an arrest warrant. H could not claim a 4th Amendment violation to suppress the film, because W is not an agent for the state, and thus there was no state action. For a warrant to issue a detached disinterest magistrate must find that the Government has demonstrated a substantial basis of probable cause. The Government must be able to show objectively that taking into account the experience and expertise of the officer, (i) for an arrest warrant it is more probable than not that a crime has been committed and that the person to be arrested committed that crime, or (ii) for a search warrant that is more probable than not that evidence...
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...On September 17, 1789, the U.S. Constitution was ratified and made law. In this essay we are going to take a look at the Bill of Rights and the amendments. We will be reviewing how and why the amendments become part of the Constitution, what problems the original document motivated the adoption of the Bill of Rights, what are the effects of the Bill of Rights, what problems with the original document, or changes in society led to later amendments. All of these are very necessary and fun topics to address. Now let’s take a look. There are multiple ways for trying to add an amendment to the U.S Constitution, creating it into law. One way is to propose the amendment in the U.S. Congress who is the law-making body of the United States. Congress is composed of two houses, the House of Representative and the Senate. The amendment must be approved by at least two-thirds of both houses. If they then approve the amendment it is sent to the legislatures of each state of the union. Then all state legislatures must approve the amendment by three-fourths vote. After all is approved, the amendment then becomes law. If vote was not passed in any of the houses the amendment will fail to become law. An amendment is made to the constitution when it is necessary for change while still preserving what the constitution represents. The original document called for a stronger and centralized American government. Antifederalists believed this centralized government would be tyrannical. They believed...
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...sexual abuse 200,000 times per year.(Kleck and Gertz, "Armed Resistance to Crime," at 185) 3 out of 5 felons say they won’t mess with an armed person.(US department of justice) Arguement #1: The Second Amendment...
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...The Poor Law relief system was first introduced in 1597 to provide relief for paupers in England and Wales. The Elizabethan Poor Law concerned the impotent poor, the able-bodied poor and children, who were most often sent away on an apprenticeship from the age of seven in order to provide them with good working habits which would hopefully stop them and the generation below them needing to depend on such relief. There were many extensions to the ‘Old Poor Law’ such as the Act of Settlement, Knatchbull Act and the Gilbert’s Act but by 1832 the Royal Commission felt that the Poor Law needed to be drastically reformed due to costs of relief. This is when the 1834 Amendment Act was introduced as a means of cutting expenditure and poverty in Britain...
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...judge the facts of the case, and them apply the law that was given by the judge to those facts, and render a verdict of guilty or not guilty. During the jury trial, the accused person will be represented either by a paid lawyer of his or her choice or by a court-appointed one. During the trial it is solely upon the prosecution to prove the guilt of the accused person, and it is up to the accused person and his representation to rebut the information the prosecution presents. When the jury has heard all of the evidence against the accused person, they will decide on whether the person is guilty or not guilty. If the accused person is found guilty by the jury, he or she will be sentenced according to the law. If the accused person is found not guilty by the jury, he or she will be able to return back into society as a free person. As we can see, due process has changed our justice system from... The Due Process Clause requires “due process”-basic procedural rights- and protects substantive rights. Procedural rights are rights that dictate how the government can legally take away a person’s freedom, property, or life. Moreover, substantive rights secure individual’s basic rights as stated in the Fifth Amendment and Fourteenth Amendment. The Fifth Amendment applies to the federal government whereas the Fourteenth Amendment applies to the states. The right to due process, as stated in the Fifth and Fourteenth Amendments is the most significant right of all because it...
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...crippled and blind and the mentally incompetent. As the local poor population grew, separate buildings were constructed to house and meet the varied needs of these citizens. The poor and the infirmed lived on the two main floors, with cells for the insane in the basement. In Lancaster, as in most major east coast cities, the almshouse initially housed both invalids and those capable of productive labor, in the same building. Talbott, P. Ph. D. The Two Hundred Year History of the Lancaster County Almshouse and Hospital, vol. 102 number 2/3, Summer/Fall 2000. Bourque, M. Ph.D. The Journal of the Lancaster County Historical Society, vol.102 2000. Within six years a hospital was constructed on the Lancaster poorhouse property. The by-laws for the” Poor and House of Employment in the County of Lancaster” were reissued in November 1807 to reflect the recent construction of a “commodious House, which is intended for the Hospital, and for the reception of the sick and helpless, who may be brought to said House of Employment. Physicians were available to treat the ill at the Lancaster County Almshouse from its founding in 1800. As recorded in the Minutes of Directors of the Poor and the House of Employment on Dec.18, 1799 the estimated the cost of the Physician’s Attendance and Medicine was $50.00 for the year. Interestingly, hospital treatment as we know it today originated in America with the founding of institutions for the poor. Since the primary requirement for admission...
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...Oliver Twist is one of Charles Dickens’ most famous novels and a classic poor-to-rich story about an orphan who was born into a workhouse and must navigate his way around the criminal underworld to avoid being corrupted. Literature incorporates the history of the workhouse and reflects the concerns of both paupers and ratepayers, and it also challenges the dehumanizing effects of the Law’s administration. The time period of Oliver Twist was still under the time of the Old Poor Law, but it was mainly seen as criticizing of the New Poor Law. Felix Driver writes, “The account of the starving child who asked for more was almost certainly based on the earlier system, although the extent to which the old survived in the new does not entirely invalidate the criticism”. Scholars tend to focus on the scene where Oliver asks for more food as indicative of the meagre portions that the inmates received. These scholars identify hunger as the main threat of the workhouse, but that approach neglects the larger threat of death, which shapes Oliver’s character. When the opening chapters of the novel are considered more broadly, the workhouse is actually a site where the poor carry an obligation to one another. High death rates within the workhouse encourage solidarity as seen by the behaviours of the orphans. While providing charity carries the risk of supporting idlers, and Dickens is consistently critical of charity, he also writes the poor as recognizing common risks and finding their own...
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...The poor laws were a set of laws announced by Queen Elizabeth. Taxes were raised on the wealthy which created money that was given to the poor. This money went towards almshouses and helping the poor and handicapped. Since the poor were receiving money, they felt that they could continue having children even though they did not have the money to provide for their kids. Almshouses, also called poor houses were institutions provided for the less fortunate. People who could not provide for themselves were sent to these houses. Almshouses lasted for three hundred years educating young children and caring for the elderly. Large farms of several acres were typically connected to these buildings. Small rooms were inside often crammed with several...
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...Bill of Rights are rights protected against the government only. They are certain basic rights of the people. They are civil rights and civil liberties that people have to obey because of the Amendments that were introduced by James Madison which makes The Bill of Rights very important and is part of American history. The Amendments are basically clauses that initiate some kind of protection for citizens here in the United States. James Madison became one of the leaders in the movement to ratify it. James Madison also became the leader in the new House of Representatives drafting many basic laws. He is called the “Father of the Bill of Rights” by writing the constitution Bill of Rights because he claimed that he had to help out the people. The Bill of Right plays a key role in the American law and government and remains vital symbols of the freedoms and culture of the nation. It was also writing for the personal freedoms limited the government power in judicial and other and some power to the states and the public. The Bill of Rights is an essential tool used by the justice and security system and plays in the fourteenth amendment it was a role in these system. The Due Process was found in the Bill of Rights in the fourteenth amendment. The Due Process Law was actually back in the 1700’s and it included among the restrictions on power to which King John acceded in the Magna Carta. It is also said that “No free man shall be seized or imprisoned...
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...The Second Amendment For many years there has been an ongoing debate over the Second Amendment and how it should be interpreted. The issue that is being debated is whether our government has the right to regulate guns. The answer of who has which rights lies within how one interprets the Second Amendment. With this being the case, one must also think about what circumstances the Framers were under when this Amendment was written. There are two major sides to this debate, one being the collective side, which feels that the right was given for collective purposes only. This side is in favor of having stricter gun control laws, as they feel that by having stricter laws the number of crimes that are being committed with guns will be reduced and thus save lives. However while gun control laws may decrease criminals" access to guns, the same laws restricts gun owning citizens who abide by the law; these citizens make up a great majority of the opposing side of this argument. These people argue that the law was made with the individual citizens in mind. This group believes that the Amendment should be interpreted to guarantee citizens free access to firearms. One major group that is in strong opposition of stricter gun control laws is the National Rifle Association (NRA). The NRA argues that having stricter gun control laws will only hinder law-abiding citizens. The final outcome on this debate will mainly depend on how this Amendment is going to be interpreted. The Second Amendment...
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...of Bangladesh has so far been amended sixteen times. These amendments and and numerous proclamation orders have been responsible for bringing in profound changes in the original character of the document. The first, second, third and fourth amendments were made by AWAMI league government of seikh mujibur rahaman, the fifth through martial law regulations and the Bangladesh national party, sixth by BNP, 7th, 8th, 9th and 10th by JATIYA party, 11th, 12th, 13 and 14th by BNP. The 15TH and 16th amended by AWAMI league. The major amendments are as follow: First Amendment The Constitution (First Amendment) Act 1973 was passed on 15 July 1973. It amended Article 47 of the Constitution by inserting an additional clause which allowed prosecution and punishment of any person accused of 'genocide, crimes against humanity or war crimes and other crimes under international law'. A new Article 47A was also inserted, making certain fundamental rights inapplicable in those cases. Second Amendment The Constitution (Second Amendment) Act 1973 was passed on 22 September 1973. This act: amended Articles 26, 63, 72 and 142 of the Constitution; replaced Article 33; and inserted a new part (Part IXA). Provision was made through this amendment for the suspension of certain fundamental rights of citizens during an emergency. Third Amendment The Constitution (Third Amendment) Act 1974 was enacted on 28 November 1974. This amendment altered Article 2 of the Constitution to give effect to an...
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...for the country to survive. The constitution is the base for all laws in the United States. It’s the highest law in the United States. The constitution can be changed, when it’s changed it’s called and amendment. Among the amendments are the bill of rights and the reconstruction amendments. In this paper I will discuss how and why amendments become part of the constitution, what were some problems with the original document that motivated the adoption of the bill of rights, the effects of the bill of rights and the reconstruction amendments and their effects. How and why do amendments become part of the constitution? When the constitution was written, the Framers knew that the constitution would and could be amended. Article V of the constitution tells how an amendment can become a part of the constitution. It takes two steps to add an amendment to the constitution. The first step is the proposal. An amendment can be proposed by either two-thirds vote in congress, which includes both the House of Representatives and the Senate. The second step is ratification; the amendment has to be ratified by wither three-fourths of the state legislatures or by state conventions in three-fourths of the states. An amendment can only be ratified after two-thirds of the House and Senate approve of the proposal and send it to the states for a vote and then three-fourths of the states must affirm the proposed amendment. Congress has set a term of seven years for ratification. The second...
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...The Bill of Rights is the first ten amendments of the U.S. Constitution. It was written by James Madison to provide greater constitutional protection for individual liberties. The Bill of Rights lists specific restrictions on government power. The Bill of Rights was ratified on December 15th, 1791 becoming part of the Constitution. The first amendment states, “Congress shall make no law respecting an establishment of religion, or prohibiting the free exercise thereof; or abridging the freedom of speech, or of the press; or the right of the people peaceably to assemble, and to petition the Government for a redress of grievances.” This amendment guarantees the freedom of speech, press, and religion. The second amendment states, “A well regulated...
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...public safety" Due process of law- the regular administration of a system of laws, which must conform to fundamental and generally accepted legal principles and be applied without favor or prejudice to all citizens. Equal protection of the law- the right of all persons to have the same access to the law and courts, and to be treated equally by the law and courts, both in procedures and in the substance of the law. Establishment clause- the clause in the First Amendment of the US Constitution that prohibits the establishment of religion by Congress. Freedom of expression- Right to express one's ideas and opinions freely through speech, writing, and other forms of communication but without deliberately causing harm to others' character and/or reputation by false or misleading statements. Freedom of Religion- the right to practice whatever religion one chooses. Free-Exercise clause- prohibits government from interfering with the practice of religion. Good-Faith Exception- an error in gathering evidence sufficiently minor that it may be used in a trial. Libel- a written statement that unfairly or falsely harms the reputation of the person about whom it is made. Prior Restraint- government censorship of information before it is published or broadcast Probable Cause- reasonable cause for issuing a search warrant or making an arrest; more than mere suspicion. (you, plain view, and things under your immediate control) Jim Crow Laws- a practice...
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...population, with emphasis on the First, Fourth, and Sixth Amendments, and a description of a public policy implemented to protect the constitutional rights of suspects, when interrogated by the police. The Bill of Rights and Civil Liberties The Bill of Rights is the first initial inclusion of laws to the Constitution, collected as the first ten amendments out of a total of 27 other amendments. This paper discusses three amendments in the Bill of Rights which includes the First, Fourth, and Sixth Amendments, with explanation of each amendment, and how it extends the protection of civil liberties to the population. The First Amendment This Amendment enacts the protection of free speech, religion, press, assembly, and freedom to petition the government (Dautrich & Yolof, 2011). The purpose of this Amendment is to prevent any directive establishing an adherence to a specific religion or any law prohibiting free practice of speech, assembly, and freedom of the press (Volkomer, 2011) The Amendment exclusively affects all individuals living in the U.S. including citizens within the U.S. government. It protects the right for an individual to express themselves freely, without fear of retaliation. The First Amendment is so important, because it protects the rights of the citizens to engage in open discussions and debate on public issues, which are important in any democracy. It also prevents Congress from passing any laws that would establish an official religion, and with that...
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