Criminal Law Foundations

Criminal Law Foundations

Introduction

Constitution is both a philosophical and legal concept as well as a practical manifestation in different political contexts. In both respects it represents one of the main features in the development of the modern state. Constitutionalism presupposes the existence of a constitution, which is typically, but not necessarily, contained in a constitutional document. The essence of Constitution contains three structural and substantive limitations on legislative and executive power. First, constitutions not only constitute but also limit government power, for instance, by separating the organs of state. Second, constitutions expressly protect individual rights against the state. Third, constitutions claim to be higher-order law in the sense that the constitutional norms enshrined in the written document take precedence over ordinary laws in the case of conflict (Westcott,1998). This paper focuses on Constitutional Safeguards in U.S. Constitution and will be defining the amendments in 4th, 5th and 6th amendments in U.S. Constitution. It will also highlight and explain the impact of U.S. Constitution on juvenile and adult courts.

Thesis Statement

This research paper will be focusing on constitutional safeguards provided by the fourth, fifth and sixth Amendments to the United States Constitution as they apply to both adult and juvenile court proceedings.

Discussion

U.S. Constitution

The Constitution of the United States was formed on 17 September 1787, which lays down their political and legal regulations. It provides an integrated republic model of presidential system in which the President of both state and head of government takes decisions. The political system is characterized by many as “checks and balances "called separation of powers from, legislation, control and authority to act separately, but through extensive entanglement against each other. Medieval scholars like Thomas Aquinas and John of Salisbury regarded the origin of natural law as divine and the power of the king as limited by natural law and the church, and they also did not deliver such ways through which violations can br easily and lawfully reponded (Smith, 2009).

Although the study of the classic texts influenced constitutional culture in England, the distinctions between politics and norms, state and society, and law and policy were not appreciated by those who viewed the business of governing as a form of practical knowledge. In the political discourses of the late sixteenth and early seventeenth century, usage of the term constitution was still rare.

Impact of the U.S. Constitution

The idea of the constitution as “higher law” is given practical significance through judicial review. Although it is not expressly mentioned in the U.S. Constitution, judicial review is now an undisputed element of U.S. constitutional practice. It stems from the idea that the legislator must respect the norms of the U.S. Constitution and that judges (and ultimately the justices of the U.S. Supreme Court) have the power to set aside legislative and executive acts that violate the Constitution. Judicial review entered U.S . legal history in 1803 with the judgment given by Chief Justice John Marshall of the U.S. Supreme Court in the celebrated case of Marbury ...