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1. Assignment 1: Procedural Law and the Bill of Rights The Bill of Rights finds its roots in documents such as the British Magna Carta of 1215 AD. It was one of the first documents that provided the...

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1.Assignment 1: Procedural Law and the Bill of Rights

The Bill of Rights finds its roots in documents such as the British Magna Carta of 1215 AD. It was one of the first documents that provided the common man independence from a monarch. It did imply that the federal government’s law dominated all others; however, it gave each state control of any laws outside of those reserved to the federal government. The Bill of Rights acts as a blueprint that every individual state uses to protect the rights of individual citizens. In this assignment, you will utilize the various concepts found in the Bill of Rights to provide the foundation of the various sections of the question.

Write a four(4) page paper in which you:

1. Compare and contrast two (2) of the sources of rights and fundamental principles found in the United States’ legal system as outlined by the text.

2. Critically analyze and discuss two (2) steps of the criminal justice process from arrest to imprisonment.

3. Identify and discuss the particular amendment related to arrest, search and seizures.

4. Compare and contrast the concepts of probable cause and reasonable suspicion. In your own words, explain how they are similar or different.

5. Examine and discuss the two (2) examples in which the exclusionary rule may not apply.

6. Identify and discuss one (1) contemporary issue or case law related to the use of force.

7. Use at least four (4) quality references. Note: Wikipedia and other Websites do not qualify as academic resources.

Your assignment must follow these formatting requirements:

·Be typed, double spaced, using Times New Roman font (size 12), with one-inch margins on all sides; citations and references must follow APA or school-specific format. Check with your professor for any additional instructions.

·Include a cover page containing the title of the assignment, the student’s name, the professor’s name, the course title, and the date. The cover page and the reference page are not included in the required assignment page length.

The specific course learning outcomes associated with this assignment are:

·Research and analyze procedures governing the process of arrest through trial.

·Critically debate the Constitutional safeguards of key Amendments with specific attention to the 4th, 5th, 6th, and 14th Amendments.

·Describe the difference between searchers, warrantless searches, and stops.

·Use technology and information resources to research issues in the criminal procedure.

·Write clearly and concisely about the criminal procedure using proper writing mechanics.

Answered Same DayDec 26, 2021

Solution

David answered on Dec 26 2021
74 Votes
Running Header: Procedural Laws and Bill of Rights 1
Procedural Laws and Bill of Rights
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Procedural Laws & Bill of Rights 2
1. Compare and contrast two (2) of the sources of rights and fundamental principles found
in the United States’ legal system as outlined by the text.
Socioeconomic Rights in Constitutional Law - The main source of law is constitutional law.
Two constitutions are relevant in each state: the government or US Constitution, which is in
constrain all through the United States of America, and the state's constitution. Socioeconomic
ights in constitutional law in this way would have legitimately justified cases to some line of
direct by the state and its functionaries—including, not slightest, conventional officials—by
which the coveted result will, means, be delivered. The socioeconomic rights are desired set of
social results—generally, that the rights holders at no time ought to need access to levels
egarded satisfactory of subsistence, lodging, medicinal services, education, and wellbeing or to
the methods for acquiring the same (say, through accessible, compensated work) for themselves
and their wards. (Michelman, F., I., 2008).
Bill of Rights - The Bill of Rights ensures the right to speech, freedom in choosing religion, the
privilege to keep and remain battle ready, the flexibility of gathering and the freedom to petition.
It additionally restricts preposterous search and seizure, pitiless and uncommon discipline and
constrained self-implication. Among the legal assurances it manages, the Bill of Rights fo
ids
Congress from making any law regarding foundation of religion and precludes the government
from denying any individual of life, freedom or property without due procedure of law.
(http:
www.humanrights.com, 1776).
Fundamental Principles
http:
www.humanrights.com
Procedural Laws & Bill of Rights 3
The Principle of Fundamental Fairness - The Court has held that for all intents and purposes
all the criminal procedural assurances of the Bill of Rights—the Fourth, Fifth, Sixth, and Eighth
Amendments—are central to state criminal justice frameworks and that the nonappearance of
either specific certifications denies a suspect or a litigant due procedure of law under the
Fourteenth Amendment. Further, the Court has held that the due procedure condition ensures
against practices and a
angements which abuse statutes of essential fairness,975 regardless of
the possibility that they don't disregard particular assurances of the Bill of Rights. The standard
query in such cases is whether the tested practice or approach damages "a key rule of freedom
and equity which inheres in the general thought of a free government and is the natural right of a
esident of such government. (Justia US Law, 2017).
Decision Making Principle - The administration structure ought to be evident and express with
clearly characterized connections among overseeing elements, managing judges, court chairmen
as well as different court boards of trustees. Both general society and those working in the
framework need to see how the administration structure works, who has specialist to decide, how
decisions are made, and how all segment parts relate. It is especially essential that the specialist
of legal pioneers, directors and chiefs for strategy decision making and usage be all around
characterized and enunciated. (National center for state courts, 2012).
2. Critically analyze and discuss two (2) steps of the criminal justice process...
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