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CJ 205 MC The Forth Ammendment Search and Seizure Essay

Overview

After  viewing the videos, reading the chapters, and additional material  (videos included) in the Resource folder, analyze the Fourth Amendment  and the concepts of search and seizure as it applies to the Criminal  Justice system. 

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AMENDMENTS TO THE CONSTITUTION – CHAPTER 1

For review with pages 18 and 19 in textbook

The Fourth Amendment protects citizens from unreasonable search and seizure. The government may not conduct any searches without a warrant, and such warrants must be issued by a judge and based on probable cause.

The Fifth Amendment provides that citizens not be subject to criminal prosecution and punishment without due process. Citizens may not be tried on the same set of facts twice, and are protected from self-incrimination (the right to remain silent). The amendment also establishes the power of eminent domain, ensuring that private property is not seized for public use without just compensation.

The Sixth Amendment assures the right to a speedy trial by a jury of one's peers, to be informed of the crimes with which they are charged, and to confront the witnesses brought by the government. The amendment also provides the accused the right to compel testimony from witnesses, and to legal representation.

The Seventh Amendment provides that civil cases also be tried by jury.

The Eighth Amendment prohibits excessive bail, excessive fines, and cruel and unusual punishments.