Assignment 1: Procedural Law and the Bill of Rights

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Business Finance

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Assignment 1: Procedural Law and the Bill of Rights

Due Week 4 and worth 200 points

The Bill of Rights finds its roots in documents such as the British Magna Carta of 1215 AD. It was one of the first documents that provided the common man independence from a monarch. It did imply that the federal government’s law dominated all others; however, it gave each state control of any laws outside of those reserved to the federal government. The Bill of Rights acts as a blueprint that every individual state uses to protect the rights of individual citizens. In this assignment, you will utilize the various concepts found in the Bill of Rights to provide the foundation of the various sections of the question.

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

  1. Compare and contrast two (2) of the sources of rights and fundamental principles found in the United States’ legal system as outlined by the text.
  2. Critically analyze and discuss two (2) steps of the criminal justice process from arrest to imprisonment.
  3. Identify and discuss the particular amendment related to arrest, search and seizures.
  4. Compare and contrast the concepts of probable cause and reasonable suspicion. In your own words, explain how they are similar or different.
  5. Examine and discuss the two (2) examples in which the exclusionary rule may not apply.
  6. Identify and discuss one (1) contemporary issue or case law related to the use of force.
  7. 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:

  • Be typed, double spaced, using Times New Roman font (size 12), with one-inch margins on all sides; citations and references must follow APA or school-specific format. Check with your professor for any additional instructions.
  • 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:

  • Research and analyze procedures governing the process of arrest through trial.
  • Critically debate the Constitutional safeguards of key Amendments with specific attention to the 4th, 5th, 6th, and 14th Amendments.
  • Describe the difference between searchers, warrantless searches, and stops.
  • Use technology and information resources to research issues in the criminal procedure.
  • Write clearly and concisely about the criminal procedure using proper writing mechanics.

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Explanation & Answer

Attached.

Running head: PROCEDURAL LAW AND THE BILL OF RIGHTS

Procedural Law and the Bill of Rights
Student’s Name
University Affiliation
Professor’s name
Course title
Date

1

PROCEDURAL LAW AND THE BILL OF RIGHTS

2

Procedural law and the Bill of Rights
Procedural law refers to the rules that govern the process within the criminal justice
process from arrest to the determination of the case. The Bill of Rights refers to documented
laws that specifically define the individual liberties of the public. This analytical paper will
provide an in-depth overview of the sources of rights as well as fundamental principles of the
United States’ legal system as well as an overview of the critical criminal justice processes. The
paper will further provide an analysis of the amendments related to search, arrest and seizures
and the concepts of reasonable suspicion and probable cause. An explanation of the exclusionary
rule and case laws related to the use of force will be provided,
Sources of rights
The main sources of rights in the U.S include the Constitution which defines the Bill of
rights and Case laws. The Bill of Rights refers to the first ten amendments to the United States
constitution and identify rights such as the right to freedom of religion and speech, arrests, and
search as well as the right to bear arms (Shiner & Rotolo, 2005). Case laws are an important
source of rights and principles as their interpretation of the Constitution is critical to developing
new rights. For instance, the exclusionary rule was set based on a case law that seeks to expand
the right of privacy of the people against unreasonable searches as well as seizures. The rights
provided for in the Constitution cannot be changed unless referendums are held while the rights
provide...


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