Essays on Criminal Procedure

How has the Constitution been able to remain a durable and viable instrument of government despite the enormous changes that have occurred in our society since its adoption? Discuss the issue in terms of specific changes. The Constitution speaks predominantly in terms of the protection of individual rights from governmental abuse or abridgment. What corresponding obligations and burdens must each citizen undertake or bear to ensure that everyone remains free to exercise these rights to their full extent? The criminal law, both procedural and substantive, is limited by the Bill of Rights in terms of protection of US population ...

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The Lawyer-Client Relationship The lawyer-client relationship should be based on trust and confidentiality. Under no circumstances should a client lie to his or her lawyer as well as under no circumstances should a lawyer incriminate his or her client for telling them the truth. A problem in trust and confidentiality will result to poor lawyer-client relationship, which could significantly impact the outcome of a case. Trust and confidentiality problems arise when the client withholds some information from his lawyer for fear that his lawyer will back out. There are clients, for instance, who are guilty of doing ...

The U.S. Bill of Rights The Bill of Rights was proposed and passed through twelve amendments but only ten were successfully ratified and became part of the United States Constitution, which was at first considered incomplete because it lacked what proponents called the basic human rights. The common belief at that time was that the framing and ratification of the Bill of Rights was to eliminate fears of the Anti-Federalists that the proposed Constitution did not satisfactorily guarantee individual freedoms. Even if individual liberty was important during the debate for the bill of rights, the Bill of Rights was ...

Introduction

The United States Constitution can be described as the highest law of the land. During court proceedings, the constitution is the supreme law that is applicable in determining the outcome of criminal litigation, but other laws arise from the Amendments to the Constitution. The United States Constitution often guides how the government should function, the jurisdiction of the presidency, American Congress, and the Supreme Court. It is, however, paramount to note that all American states have their own Constitutions that they enact and follow, but the federal constitution is considered the highest law that overrides other state laws in ...

The United States judicial system offers certain protections for criminal suspects who are at risk of arrest or a search without a warrant. One of the most important safeguards afforded under the U.S. Constitution is the 4th amendment, which prevents government officials from illegally searching individuals or seizing property without following standard procedure. The concept has evolved over time, and the exclusionary rule is now the primary way to defend people from illegal search and seizure by government officials. However, history has shown that this is an ineffective solution because it allows those who would have been convicted to ...

Abstract

The paper investigates Steiney Richards, Petitioner v. Wisconsin case in order to justify whether the police officers’ use of deceptive means and forcible entry into Richards’ room violates the protection rights granted by the Fourth Amendment. It offers a summary of the case, thereby presenting the issue of the case. The paper also analyzes the Wisconsin Supreme Court’s judgment by evaluating the facts of the case. It presents the reasons offered by Richards in favor of his privacy interests and compares them with the reasons offered by police officers to gain forcible entry into Richards’ room. Therefore, the ...

The criminal process after a person commits a crime begins with filing a formal complaint by a law enforcing officer or a civilian who believes a crime has been committed. This is followed by a pre-arrest investigation where a law enforcing officer looks for information about the accused and the crime. If the officer obtains reasonable grounds for arrest, the defendant is then arrested. At the point of arrest, the officer has an obligation to read the Fifth Amendment rights to the accused. Every person has a right to bail. In case bail is posted, the accused is released until the time when all the charges that are ...