Week 10 Assignment 2: Constitutional Rights

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Yvoen1093

Business Finance

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Please do not use a paper that you've already given to another student.

. Assignment 2: Constitutional Rights

  1. Due Week 10 and worth 200 pointsThe 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:
    • 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:
    • 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.
    Click here to view the grading rubric for this assignment.

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Explanation & Answer

Attached.

Running head: CONSTITUTIONAL RIGHTS

Constitutional Rights
Institution:
Date:

1

CONSTITUTIONAL RIGHTS

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With the increase in the number of crimes committed in the society, the law has come up
with ways through which a suspect can be identified. Further, the constitutional laws have been
enacted in a way that those who commit crimes undergo the due process with fairness to avoid
incidences where a suspect is jailed without fair trial. This paper, therefore, focuses on the
elements of arrest, search warrant, aspects of the plain view doctrine, the ways of identifying a
suspect as well as analyzing the basic constitutional rights.
An arrest according to legal terms is the legal deprival of an individual’s freedom by a peace
officer. Elements of arrest are four.
Elements of Arrest
Intent
When an individual commits a crime, the police are supposed to arrest the suspect.
However, to arrest a suspect, the police must have an intent that authorizes them to arrest the
suspect. The intent of the officer in most cases is transmitted through two ways; either verbally
or with actions. However, the challenge comes when an indention formed in mind cannot be
expressed verbally.
Authority
Authority is the power given to police officers to arrest citizens. This authority differs from one
state to another. State laws give authority to police officers to arrest offenders, but the authority
is exercised different in various nations (Weisburd & Eck, 2004). For example, in some states,
police officers can make an arrest immediately they witness a crime while in others the police
officers can only arrest while on duty.

CONSTITUTIONAL RIGHTS

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Subjection
This happens in cases when the arrestee is either compelled or submits into the deta...


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