The Legal Aspects of Criminal Justice

Abstract

The present and the future of every nation is decided by the satisfaction level of the people living in that nation, the rights that are offered to them irrespective of race, color or origin. Justice provided to every individual and the promotion of equality within the nation is an important aspect which plays a crucial role in deciding the future of a country. In this paper, the legal aspects of criminal justice will be discussed under different headings in the context of the Constitution of United States and the Amendments made to it, the fourth, the fifth and the fourteenth Amendment. In the latter half of the writing case briefs of Michigan V. Mosley, Edwards V. Arizona and Miranda V. Arizona are also discussed in order focus on the reasons for which the Supreme Court of United States consolidated them.

The Legal Aspects of Criminal Justice

Constitutional rights to Citizens

All the citizens of United States are entitled to certain rights that cover each and every aspect of life. The Constitution of United States is the supreme law. The Constitution became functional on 17th September, 1787 and it guides the American law and the culture, and with Amendments made to it, it caters the theory of multiple cultures.

Fourteenth Amendment

The fourteenth Amendment further elaborated as guaranteed rights, privileges and immunities of citizenship, dual process and equal protection. It was ratified on the 9th of July, 1868 in the times of reconstruction. The thirteenth, fourteenth and the fifteenth Amendment are known as the Amendments of reconstruction. Principles which were added to the text are as follows (Fourteenth Amendment, p.1342, 2012):

Citizenship of State and federal, for all the individuals regardless of any race they may belong to, for both born or naturalized was re-affirmed in the United States.

The Abridgement of the immunities and the privileges of citizens would not be allowed to any of the States.

Nobody will be allowed to be destitute of property, liberty or life, without the process of law

Every individual will be able to enjoy equal protection of the laws.

Fourth Amendment

The fourth Amendment in the constitution of the United States is a category of bill of rights, which provides protection to the citizens in the cases of searches and seizures without reasonable justification, and that the search or seizures would not be possible without a warrant that is to be judicially sanctioned and must be supported by a probable cause (Fourth Amendment, p.1132, 2012). This amendment was adopted as a reaction to the writ of assistance abuse, which is also known as a general search warrant, in the revolution of America. The scope of the search and seizure including arrest should be within a limited scope and in accordance to the specific information that is provided to the court that has to issue the warrant; generally it is the officer of law enforcement. The fourth amendment is applied to the states in the Due Process Clause of the Fourteenth Amendment's way.

The Fifth Amendment

The Fifth Amendment also endorses ...