Bill of Rights Amendments

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Frisk and seizure. This amendment, according to the Fourth Amendment, is all about: people’s right to security, protection from unreasonable searches and seizures, no violation, and that warrants should only be issued upon probable causes. Many scholars taking constitution consider this as the most freedom which has been ensured by the Bill of rights in comparison to all other freedoms. Without this protection, other important liberties like freedom of press, speech and religion could not be of existence. This right was drawn from the British experience of the 1600s and 1700s. It was at that time, when officials conducted unreasonable searches on private or individual residences. This was under the general warrants which had no specification on what had to be searched or seized. In this amendment, the framers expressed the British government’s policy of utilization of general warrants to justify searching the subjects. According to the modern court, all searches that have not been conducted by the judicial process, and with no judges or magistrates approval, are not reasonable. This is subject to few and delineated exceptions (Katz v. United States, 1967). A probable cause to intrude with someone’s privacy only exists when an enforcement officer, in possession of facts of a case, believes that a person has committed a certain crime. The stop and frisk program allows police to stop people when they have reasonable prove that a crime has or is about to take place. In such a case, it’s the officer’s duty to seek support from a judge or a magistrate who will issue him with a warrant. Personal privacy is essential or in other words, the right to be left alone (Justice Louis D). In most cases, the stop and frisk policy is not done in a discriminatory manner. Capital punishment and you. The cruel and unusual punishment clause, according to the eighth amendment, unusual punishments should be inflicted. It was in the late 1700s, when the authorization of death penalty for certain crimes like rape, robbery, forgery and adultery took place in many states. As time passed by, reform of the criminal law took place, and some states reduced and some went to the extent of eliminating the death eligible crimes. Rape and robbery are the most death eligible crimes. Death is in most cases done by hanging. This amendment is neither precise nor static. It’s perceived that its meaning is derived from the improvement of standards which show how the society is maturing progressively (Chief Justice Earl Warren 1958). The state should not inflict capital punishment, even I cases where the offense is so grave. This should only happen if it is the only perceived measure to prevent another similar crime from taking place (Professor George). Failure to execute offenders in cases where this would bring maximum protection to the commonwealth would mean the sates failure to perform its duties.

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