3 Pages is fine1. The constitutional rights guaranteed in the Bill of Rights are most highly...

Question

3 Pages is fine1. The constitutional rights guaranteed in the Bill of Rights are most highly protected during the trial stage of a criminal proceeding. This is when the adversarial process, which characterizes the U.S. criminal justice process, is at its peak. Analyze and evaluate the steps which would bring an individual to trial beginning with the arrest phase of the process.

1. Identify and discuss the four (4) elements of arrest.

2. Identify and discuss the four (4) requirements for search and seizure with a warrant.

3. Explain the various aspects of the plain view doctrine.

4. Compare and contrast the various means of identifying suspects.

5. Summarize the basic constitutional rights of the accused during trial.

6. 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:

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

· Explain and debate fundamental Supreme Court cases associated with criminal procedure.

· Define and describe Constitutional laws and the court procedure.

· Explain and debate fundamental Supreme Court cases associated with criminal procedure.

Robert · Accepted Answer

1 
 
 

Constitutional Rights of People
2 
 
 
 
1. Elements of Arrest 
Criminal justice system is the process, which has been established by the government to control 
the crime and to impose the penalties on those, who violate the rules, regulations and law. 
According to the U.S. Constitution, a lawful arrest refers to the legal custody of the person, 
which has been done under the appropriate or probable cause. The probable cause can refer to 
the arrest that has been demanded under the civil justice process. Arrest can also be considered 
as the brief detention by the police till the time court gives its decision. There are four significant 
elements of arrest. These elements are: 
• The intent to arrest: Intent of arrest is considered as the determination, aim or particular 
reason of arrest. For example, an officer invites the suspect to the police station, but the 
officer does not inform the suspect that she is free to leave, nor the officer allows her to 
leave before interrogation. However, the officer later informs that he did not had 
intention to arrest the suspect and was just asking question. However, according to 4
th
 
amendment this has been an intention to arrest a suspect under reasonable grounds 
(Gaines & Miller, 2007).  
• The authority to arrest: Law and constitution of US provides the authority to the police 
officers to place citizens under the custodial arrest. According to it the officers, who have 
come for arrest have to knock and are required to reveal their identity and their purpose. 
However, in certain cases police is not required to announce themselves, if the suspect is 
armed. 
• Seizure or detention: The case of California v. Hodari, 499 U.S. 621(1991) provides the 
understanding of the elements of Seizure or detention.

3 Pages is fine1. The constitutional rights guaranteed in the Bill of Rights are most highly protected during the trial stage of a criminal proceeding. This is when the adversarial process, which...

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