Amendments Essay Example | Topics and Well Written Essays - 1250 words

Amendments - Essay Example Prior to these amendments, some states had already made their own ratifications of the constitutional contingents, which prompted the need to limit the powers of the federal government with regard to investigation, prosecution and punishment of crime (Calvin, 2009). The original constitution offered very little provisions touching on criminal processes (Calvin, 2009). A majority of the constitutional amendments were mainly focused on addressing issues relating to criminal processes. Fifteen of the twenty six rights contained in the first eight amendments to the constitution focus mainly on addressing the criminal and judicial processes. These amendments were created based on a perspective that emerged in the late 18th century about individual rights. Initially, the amendments were meant to only be applicable to the federal government, but with time, states started adopting most of the provisions in the amendments (David & James, 2008). In order to fully understand the impact of these amendments on the judicial processes in both juvenile and adult courts, it is important to first and foremost understand the phrase â€Å"principles of due process† as used in the 5th amendment (John, 2006). Due process of law implies that all laws be applied equally and fairly to all American citizens, and most importantly those suspected to have committed crimes. The fourth amendment protects citizens from unreasonable seizures and searches of their houses, and their property (John, 2006). This amendment limits the powers of the central government when conducting criminal investigations. The government cannot unlawfully enter a suspect’s house or any of his or her property, papers among other things to look for evidence. Search warranties supported by affirmation or Oath have to be issued so as to enable the police to conduct searches. Interpretations of the amendment by the Supreme Court restricted police searches and seizures only to the suspect’s bodies an d clothes, the things they have in plain sight, the places or things that the accused is in control or which he could reach and property where the police strongly suspect that a person could be in danger (Calvin, 2009). This amendment had a great impact on criminal proceedings. It restricted the powers of the government in investigating crimes (Calvin, 2009). The amendment made it unlawful for the federal police to break in to suspect’s houses with the intention of searching and seizing some of the property purported to provide evidence of a crime. The police need to follow certain procedures, including obtaining a search warrants so as to be able to conduct houses and properties belonging to criminal suspects. The Fifth Amendment protects individuals from ‘double jeopardy’ (Calvin, 2009). This refers to the process of initiating a second trial for a person suspected to have committed the same crime. This amendment requires that before a person is any serious cri minal offence, there must be a thorough investigation by the jury linking him to the offense. This amendment also gives the defendant in a court process the right not to testify against himself, commonly known as the right to remain silent. The main intention of the