RUTGERS INTRO Wk 2 - The Rule of Law Bill of Rights U.S...

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The Rule of Law, Bill of Rights, U.S. Supreme Court Decision and the Death Penalty; Civil Liberties and the U.S. Patriot Act. The Bill of Rights in the Twenty-First Century
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Abstract For over forty years, the U.S. Supreme Court has interpreted the Fourth , Fifth , Sixth , and Eighth Amendments of the Bill of Rights in a manner protective of the rights of suspects, defendants and prisoners. In recent years the focus of the Court has shifted from the restrictions of the police and conducts of the trials to concerns about sentencing and punishment. While the Constitution set up the framework for a majority representative government, it is the Bill of Rights and its first 10 Amendments to the Constitution that protect individuals from the unwarranted intrusion into their daily lives. It is the Bill of Rights that guards personal integrity, that gives us the right to be left alone.
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Introduction The Constitution set up the framework for a majority representative government. It is the Bill of Rights and its first 10 Amendments to the Constitution that protect individuals from the unwarranted intrusion into their daily lives.
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First Amendment The U.S. Supreme Court has held virtually all speech to be constitutionally protected, except for speech that is pornographic or creates a danger of imminently inciting riot or rebellion. Speech has been broadly defined as communication, meaning art, music sculpture, drama, picketing and street demonstrations. Religion has been almost entirely free from regulation from criminal law. The two exceptions are the religious use of peyote and forms of animal sacrifice.
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Fourth Amendment The Fourth Amendment is the amendment that quintessentially restrains the police. It tells the police that they must have probable cause to arrest, that they must have a warrant to search. This warrant specifies where and what is to be searched. The Supreme Court has stated that Probable Cause is something more than mere suspicion and the permissible thoroughness must vary with the degree of suspicion that the police officer has regarding the degree of guilt of the suspect
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Fifth Amendment The Fifth Amendment is probably the most important in terms of impact on the criminal justice system due to its protection against self incrimination. Prior to Miranda v. Arizona, there was no specific penalty against the police for ignoring this protection. This case lead to the requirement for the police to give a specific set of warnings to a subject under arrest It was unpopular with police and yet it was never overruled. Miranda only applies to suspects who are in custody at the time of questioning. Custody is narrowly defined and does not apply to persons that are brought in by the police are have not been formally arrested
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Sixth Amendment It is closely related to the right against self- incrimination.
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