Analyze the First, Fourth, Fifth, Sixth, and Fourteenth Amendments to the United States Constitution

Analyze the First, Fourth, Fifth, Sixth, and Fourteenth Amendments to the United States Constitution

Although the bail, fine and punishment provisions of the Eighth Amendment affect prosecutions and sentencing, the four amendments having the most relevance for criminal investigators are the First, Fourth, Fifth, Sixth and Fourteenth Amendments.

First Amendment

Congress shall make no law respecting an establishment of religion, or prohibiting the free exercise thereof; or abridging the freedom of speech, or of the press; or the right of the people peaceably to assemble, and to petition the government for a redress of grievances(IFPO, 2008).

The right of the people to be secure in their persons, houses, papers, and effects, against unreasonable searches and seizures, shall not be violated, and no warrants shall issue, but upon probable cause, supported by oath or affirmation, and particularly describing the place to be searched and the persons or things to be seized.

Fourth Amendment

The right of the people to be secure in their persons, houses, papers, and effects, against unreasonable searches and seizures, shall not be violated, and no warrants shall issue, but upon probable cause, supported by oath or affirmation, and particularly describing the place to be searched and the persons or things to be seized (Kania, 2008). This amendment is typically described as having two clauses—the “unreasonable search and seizure clause,” and the “warrant clause.” Additional Fourth Amendment cases are decided in almost every Supreme Court term, adding new rules and exceptions that the active duty officer must integrate into his or her working knowledge of Fourth Amendment principles(Marion et. al. 2006).

Fifth Amendment

No person shall be held to answer for a capital, or otherwise infamous crime, unless on a presentment or indictment of a grand jury, except in cases arising in the land or naval forces, or in the militia, when in actual service in time of war or public danger; nor shall any person be subject for the same offense to be twice put in jeopardy of life or limb; nor shall be compelled in any criminal case to be a witness against himself, nor be deprived of life, liberty, or property, without due process of law; nor shall private property be taken for public use, without just compensation(Hall, 2010).

Sixth Amendment

In all criminal prosecutions, the accused shall enjoy the right to a speedy and public trial, by an impartial jury of the State and district wherein the crime shall have been committed, which district shall have been previously ascertained by law, and to be informed of the nature and cause of the accusation; to be confronted with the witnesses against him; to have compulsory process for obtaining witnesses in his favor, and to have the assistance of counsel for his defense.

Fourteenth Amendments

All persons born or naturalized in the United States, and subject to the jurisdiction thereof, are citizens of the United States and of the State wherein they reside. No State shall make or enforce any law which shall ...