First and Fourth Amendment Considerations



First and Fourth Amendment Considerations

Introduction

The purpose of this study is to expand the boundaries of the author's knowledge by exploring some relevant facts related to First and Fourth Amendment Considerations. A Prison gang or a sub-group is a group of individuals who share a common ideology; it is largely caused by their association. One of their characteristics is their readiness to use violence against other gangs and to extend it against just about anyone. They engage in criminal activities in nature and intensity variables, from this point of view; their representation in the show business industry is quite unrealistic. In its early days the prison is a facility intended for custody of prisoners. In ancient times except in exceptional cases, offender's convicts were confined in prisons, but were subject to penalties (Kimmett, 2002).

Discussion & Analysis

Prison since its inception has also served to those in power as a political prison. Its very existence represents a threat to those who are considered political opponents, religious or philosophical, and not just for those who commit crimes for other reasons. It is very common to hear that jail is a reflection of society, which is partly true, but a reflection is a measure that lets us see the degree of humanity and inhumanity. The prison is the product and is part of a social reality based on economic and political inequality. The prison is or is constituted as violence itself and as such is also a violent space resulting in violent relationships and violent existence. A place where everyday life is manifested is given based on violence, that violence in turn is expressed in all its harshness in the everyday (Kenny, 1966).

In Florida, the first clause in the Fifth Amendment reads: “No person shall be held to answer for a capital, or otherwise infamous crime, unless on a presentment or indictment of a grand jury.” According to the Handbook for Federal Grand Jurors, a grand jury hears evidence against an accused person from the United States Attorney or Assistant United States Attorney in order to determine whether he or she should be brought to trial. The U.S. Attorney then has to approve the indictment as a check on the grand jury. Grand juries were first recognized in the Magna Carta in 1215. As British subjects moved to North America,, they brought English common law practices, including grand juries, with them. Eventually, indictments for capital crimes by grand juries were ensrhined in the Bill of Rights (Hassine, 2008).

No person shall] be deprived of life, liberty, or property, without due process of law” is the fourth clause of the Fifth Amendment. Due process was first protected under the Magna Carta in which King John promised that he would act in accordance with the law through procedures. The U.S. government provided for due process rights in the Fourth Amendment and in the Equal Protection clause of the Fourteenth Amendment. In order to ensure justice, established procedures must be followed before depriving people of ...