Constitutional Rights

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Oron1234

Humanities

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Constitutional Rights

The constitutional rights guaranteed in the Bill of Rights are most highly protected during the trial stage of a criminal proceeding. This is when the adversarial process, which characterizes the U.S. criminal justice process, is at its peak. Analyze and evaluate the steps which would bring an individual to trial beginning with the arrest phase of the process.

Write a four to six (4-6) page paper in which you:

  1. Identify and discuss the four (4) elements of arrest.
  2. Identify and discuss the four (4) requirements for search and seizure with a warrant.
  3. Explain the various aspects of the plain view doctrine.
  4. Compare and contrast the various means of identifying suspects.
  5. Summarize the basic constitutional rights of the accused during trial.
  6. Use at least four (4) quality references. Note: Wikipedia and other Websites do not qualify as academic resources

Your assignment must follow these formatting requirements:

  • This course requires use of Strayer Writing Standards (SWS). The format is different than other Strayer University courses. Please take a moment to review the SWS documentation for details.
  • Include a cover page containing the title of the assignment, the student’s name, the professor’s name, the course title, and the date. The cover page and the reference page are not included in the required assignment page length.

The specific course learning outcomes associated with this assignment are:

  • Critically debate the Constitutional safeguards of key Amendments with specific attention to the 4th, 5th, 6th, and 14th Amendments.
  • Explain and debate fundamental Supreme Court cases associated with criminal procedure.
  • Define and describe Constitutional laws and the court procedure.
  • Explain and debate fundamental Supreme Court cases associated with criminal procedure.

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Explanation & Answer

Attached.

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Constitutional Rights

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1. Elements of an Arrest
There are four key elements of an arrest;


Intent

This element constitutes the intention of the arresting officer to take an individual into custody.
The arresting officer’s intention may be conveyed either verbally or through the actions of the
officer. This element is essential because an arrest cannot occur in the absence of intention.


Authority

State laws authorize law enforcement officers to detain and put people into custody. This
authority differs from one state to another. In some states, officers are authorized to execute an
arrest whenever they encounter an offense. In other states, an officer may execute an arrest only
when on duty.


Subjection/detention

Another key element of an arrest is the detention of the person being arrested. Detention occurs
where the person being arrested surrenders or is compelled into detention by the arresting officer
through a real or constructive seizure. An actual seizure entails a physical component whether
hands or weapons or during detention. On the other hand, constructive seizure takes place where
the person under arrest freely or willingly surrenders to the detainment, for example,
approaching a police station to give himself or herself up.


Understanding

An arrest is unenforceable where the person being arrested does not comprehend that he is being
arrested. Someone may fail to understand that they are being arrested, for instance, when they are

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intoxicated, unconscious or insane. In such circumstances, an understanding is not a required
element for arrest. In most occasions, police officers usually state that an arresting is happening.
for instance, ...


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