1. Explain why the amendments are an important part of the U.S. Constitution and their effect on the legal system.
The Bill of Rights refers to the first ten amendments of the US Constitution. These rights are an important part of the US Constitution because of their effect on the legal system and on our daily lives. The original Constitution which was proposed in 1787 had very few rights of individual freedom guaranteed because the founders of the Constitution were more focused on constituting the machinery that would be useful for the federal government. During the debate on ratification of the Constitution, the influential opponents opined that the introduction of the original Constitution would curtail the freedom of people allowing tyranny of the federal government. Soon 12 amendments were proposed out of which 10 amendments were accepted into the Bill of Rights which allows civil liberties to the people of United States, giving them protection from government interference.
The Bill of rights has a huge impact on the legal system as it prevents the government from taking arbitrary action against public in encroachment on their fundamental rights. The first amendment of the Bill of Rights prevents the federal government from passing any law that deprives the citizens of their fundamental rights of religious freedom, freedom of speech and the press and the right of the people to group together peacefully and petition the government for a redress of grievances (UMKC). The first amendment ensures that the government cannot establish an official religion, show favoritism towards people of particular religion or disallow people from practicing religion of their choice. The right to assemble peaceably has granted the citizens the right to form an association in organizations. Though the rights to freedom of speech and press are very broad in application, there are, however, some legal limits imposed on the time, place and manner of speech.
Second amendment allows the state governments and the citizens to bear arms to safeguard themselves against the threats to their safety and security. The federal government is not allowed to rescind the right of the people to own and use weapons. The third amendment guarantees the people the right to deny housing of soldiers during the time of peace which means that the government is allowed to house soldiers in private dwellings during the time of war. The fourth amendment protects the people from unwarranted and unjustified searches and confiscation of their assets. Government officials are required to present justifiable cause and issue search warrants before searching someone's house or property.
Amendment five ensures that the government cannot force a person to answer for a criminal offense unless ample evidence is presented to the Grand jury in indication of the possible guilt of the individual. A person cannot be tried for the same crime more than once. The government and the judiciary cannot force a person to witness against himself in a felony. Further the government is not allowed to deprive a person of the right to life, liberty and property without due process of law. An individual cannot be deprived of his or her private property for public use without fair reimbursement.
The sixth amendment gives people, suspected or accused of a criminal offense, certain protections including speedy public trial, the right to receive information, the right to procure favorable witnesses and to get legal assistance to fight the case. The seventh amendment guarantees people the right to a trial by jury in civil lawsuits in which the value of the dispute settlement goes over the range of $20. The eighth amendment protects people from cruel punishments, excessive fines and bail. The ninth amendment states that the rights mentioned in the Constitution are not the only rights guaranteed to people. There are other rights allowed to individuals beyond the periphery of the Constitution. The tenth amendment states that the powers not delegated to the federal government and not prohibited to the States are the reserved rights guaranteed to the people and the States respectively (UMKC). All these amendments put together ensure civil liberties for the US citizens by giving them protection from the possible anarchy of the legal system.
2. Choose one amendment that comprises the Bill of Rights for closer analysis. In your opinion, determine which amendment in the Bill of Rights offers the most protection for defendants. Explain your answer.
I think the third amendment should receive some closer analysis by the government. Though it had relevant importance at the time of the formation of the Constitution, but now this amendment doesn't have much weightage and is completely ignored. The country having become a nation with a strong military bases and barracks, this amendment has turned into an anachronism. Never this amendment has been considered by any modern group of lawyers for legal and political relevance. This is the reason why there is hardly any case law on the third amendment.
The 6th amendment, according to my opinion, offers the maximum protection for the defendants in the Bill of Rights. This amendment states that "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" (UKMC). This amendment has broader implications in practice. If the 12 members’ jury cannot make a unanimous decision on the case, then the defendant gets acquitted of all charges. Once he is set free of all indictments, he cannot be charged again for the same offense and therefore, the incrimination charges brought against a defendant should be precise in manner or else if the suspected gets acquittal due to the lack of enough evidence, he may enjoy the benefit of double jeopardy. Further, if the right of the defendant to have speedy trial is violated by any means, then the indictment could be dismissed altogether and the conviction nullified. Further, in the capital criminal cases when the defendant is unable to hire a lawyer and is incapable of defending himself in the Court of law due to his illiteracy and ignorance, it is the duty of the court whether requested or not to assign a lawyer to fight his case (Foley, 2003)
3. In your opinion, suggest which amendment in the Bill of Rights offers the most protection for victims. Explain your answer.
In my view, the 4th amendment gives maximum protection to the victims in the Bill of Rights. It ensures 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" (UKMC). This amendment protects the US citizens from arbitrary searches and seizures. The government officials before searching must present a probable cause and issue a search warrant with exact location and time of the search action and seizure specified. The extension of this right could be seen in The Victims' Rights Movement which took place due to the legal system showing more concerns for the protection of the constitutional rights of the accused offenders than the victims of their offenses. The media boosted up the movement further with the stories of an increasing number of repeated attacks on the victims and the families of the victims by the released and paroled offenders. The movement resulted in the enactment of The Victims' Right Act or the VRA in 2004 ensuring the victims the right to have protection from the accused offenders, the right to be timely notified about the public court proceedings, parole proceeding, release or escape of the accused, the right to be present and to be heard in all the public court proceedings, the right to consult with prosecutors concerning whether to charge or plea bargain with the accused and the right to receive restitution and services (Crime Victims' Rights Ombudsman).
4. Give three examples of how the Constitution affects your daily life.
The Constitution affects our daily life through a myriad of ways. Firstly, it gives us the right to trial by an impartial jury, freedom of religion and speech, freedom from discrimination, freedom to keep ourselves secure by bearing arms and many more. If I can practice the religion and worship the God I choose and if I can voice my opinion in criticism of the government and its policies, it is due to the civil liberty guaranteed to all the citizens of the US in the Constitution. If I can participate in the election procedure of the President by exercising my voting right, it is due to the constitutional right of voting guaranteed to all the people of US once they turn 18. Further, it is due to the Constitution that the Presidency cannot be held by a single commander in chief for over eight years and because of this we enjoy the freedom to raise our favorite presidential candidate to the position of power. The Constitution affects our daily life by determining how we would give taxes, how we can marry and divorce, the pension amount due to us and normally every civil action and right that we often take for granted are actually warranted to us by the Constitution only.
References
The Bill of Rights: Its History and Significance. University of Missouri–Kansas City (UMKC). Retrieved on 11th August 2013 from <http://law2.umkc.edu/faculty/projects/ftrials/conlaw/billofrightsintro.html>
Crime Victims' Rights Ombudsman. United States Department of Justice. Retrieved on 11th August 2013 from <http://www.justice.gov/usao/eousa/vr/crime_victims.html>
Foley, Michael A (2003). Arbitrary and Capricious: The Supreme Court, the Constitution, and the Death Penalty. Greenwood Publishing Group. Retrieved on 11th August 2013 from <http://books.google.com/books?id=vz8SEbbZfrgC&pg=PA31&lpg=PA31&dq=in+a+capital+case,+where+the+defendant+is+unable+to+employ+counsel,+and+is+incapable+adequately+of+making+his+own+defense+because+of+ignorance,+feeble+mindedness,+illiteracy,+or+the+like,+it+is+the+duty+of+the+court,+whether+requested+or+not,+to+assign+counsel+for+him&source=bl&ots=PixG5MpHqU&sig=RGrF2k9dh5SklsF2PP2eddAr4cg&hl=en&sa=X&ei=FKoHUvCbGYioyAH80YH4Dw&ved=0CFgQ6AEwBw#v=onepage&q=in%20a%20capital%20case%2C%20where%20the%20defendant%20is%20unable%20to%20employ%20counsel%2C%20and%20is%20incapable%20adequately%20of%20making%20his%20own%20defense%20because%20of%20ignorance%2C%20feeble%20mindedness%2C%20illiteracy%2C%20or%20the%20like%2C%20it%20is%20the%20duty%20of%20the%20court%2C%20whether%20requested%20or%20not%2C%20to%20assign%20counsel%20for%20him&f=false>
