The Rights Of The Fifth And Fourteenth Amendments - 963 Words

Citizen s Rights In regards to human rights, the due process clauses of the Fifth and Fourteenth Amendments are often thought as being violated when civil-asset forfeiture takes place (Worrall, n.p.). The fact that owners of seized property have few means to challenge said in cases in a court of law and are considered guilty until proven innocent only make retrieval of the property that much more difficult. Because asset forfeiture is part of the Civil Justice System, there are no provided attorneys for defendants as their are in most criminal trials. This forces victims who cannot afford an attorney to have slim chances of recovering their property or having their case thrown out altogether because of the absence of a lawyer. The Eighth Amendment is also put to the test in regard to civil-asset forfeiture. A portion of the amendment states that no excessive fines be imposed, nor cruel and unusual punishments inflicted. During a 1996 trial, Justice John Paul Stevens rules it just tha t a house, in which marijuana has been illegally processed, be seized in accordance with the drug crime. The defendant claimed that the Eighth Amendment was being violated, because of the excessive punishment implemented but the majority of the court did not rule in his favor (Greenhouse, n.p.). Although the defendant was found guilty in this instance, the trial displayed how civil-asset forfeiture can lead to the seemingly extensive confiscation of valuable personal possessions. CurrentShow MoreRelatedThe Amendment Of The Fourteenth Amendment1416 Words   |  6 Pagesand was one of the leaders of the effort to pass the Fourteenth Amendment. While aware of the need to prove the constitutionality of the Civil Rights Act with the Fourteenth Amendment, Bingham did not actually believe that the Fourteenth Amendment created any new rights. Rather, he believed that it created a new understanding of rights already in the Constitution. Bingham maintained that, â€Å"The†¦equal protection of each [in] those sacred rights which are as universal and indestructible as the humanRead MoreThe United States Constitution And The Criminal Justice System1231 Words   |  5 PagesUnited States Constitution contains rights for offenders which allows their process through the criminal justice system to be smoother and make sure they are being treated fairly. I will cover the impact of the United States Constitution for the offender in the criminal justice system. This will include the fourth, fifth, sixth, eighth, and fourteenth amendments as well as due process for offenders. The fourth amendment is, â€Å"The portion of the Bill of Rights that generally requires warrants forRead MoreGovernment Enforcement, Crime And The American Population Essay1139 Words   |  5 Pages2016). Built upon a unique platform of autonomy, the United States provides citizens with freedoms not present in other countries. In order to preserve such freedoms, the Constitution of the United States was enacted in 1797, outlining an array of rights and privileges afforded to all citizens of the country (â€Å"American History,† 2016). However, as in any society, crime and abuse pervaded the peace of the nation, continuing to date. Methods of public, social control span deep into the history of theRead MoreModern Applications Of Bill Of Rights1337 Words   |  6 Pagestoday believe that the Bill of Rights is a protection against federal and states encroachment and would be surprised to know that modern applications of Bill of Rights differ largely from the original concepts adopted in the Constitution. Framers, fearful of large centralized government, wrote the Bill of Rights as protection against federal government and not state government. The adoption of the Fourteenth Amendment, however, blurred the lines of the Bill of Rights and the states. Through a narrowRead MoreThe Justice System Of The United States1040 Words   |  5 PagesConstitutional Rights to all involved. The courts provide certain rights to both the victim and the defendant during all stages of the due process. The primary goal in all phases of the criminal justice system is to ensure the protection of rights and guarantee justice is served. To ensure citizens freedoms are protected and individual rights are guaranteed the Constitution of the United States was formed. Within the Constitution consists of Amendments. This paper will be discussing the fourth, fifth, andRead MoreThe Road Brown V. Board Of Education Of Topeka ( 347 U.s.1455 Words   |  6 PagesHistorical Setting The road to Brown v. Board of Education of Topeka (347 U.S. 74 (1954)), is littered with many Supreme Court cases that have battled for equality in education. The Fourteenth Amendment strengthened the legal rights of newly slaves and became the stomping ground for many Supreme Court decisions. There were six separate cases concerning the issue of segregation in public schools that was heard and consolidated into the one case named Brown v. Board of Education. The cases includedRead MoreThe Constitution Of The United States1552 Words   |  7 PagesThe Bill of Rights, also known has the first Ten Amendments of the Constitution, has protected the unalienable rights of citizens in the United State. Selective incorporation was used in order to nationalize the Bill of Rights and protect the immunities, rights, and privileges of all United States citizens within the states. The success of Selective Incorporation, along with the 14th Amendment, ensured that states could not put in place any laws that took away the constitutional rights of AmericanRead MoreCriminal Procedure Policy Paper1457 Words   |  6 PagesKathleen H. Mooneyhan â€Å"Criminal procedure is the branch of American constitutional law concerned with the state’s power to maintain an orderly society and the rights of citizens and residents to live in freedom from undue government interference with their liberty† (Zalman, 2008, p. 4). The Fourth, Fifth, Sixth, Eighth, and Fourteenth amendments are significant in studying criminal procedure. In criminal justice, the criminal procedure is important because it deals with the conflict between order andRead MoreConstitutional Protections in Criminal Investigations1401 Words   |  6 Pages Constitutional Protections in Criminal Investigations What are constitutional rights and why are they so important to us? Our Constitutional rights are in place to protect us from wrongful conviction and improper police behavior. Originally these rights were made in reaction to the abusive conduct displayed by British authorities during Colonial times. Without the Constitution and the Bill of Rights, we would not be a democracy, but instead we would become a communist country. The ConstitutionRead MoreCriminal Procedure Policy Paper1088 Words   |  5 Pagesprocedure whereas the mid 1970’s to present day, crime control is dominating criminal procedure. These two models as well the Fourth, Fifth, Sixth, and Fourteenth Amendments shape the criminal procedure policy as it is known today. Crime Control Model The most important value of the crime control model is the repression of crime. Unless crime is controlled, the rights of citizens who abide by the law are not protected and the security of society will diminish. Crime control reflect conservative