Core Assesment CJ232

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Park University *

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232

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Political Science

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Apr 3, 2024

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docx

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5

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1 Rights of the Accused Under the Fourteenth Amendment from Investigation to Trial Brandon Nash Park University CJ 400: Constitutional Law in Criminal Justice Professor Samantha Burke September 27, 2023
2 Abstract The Fourteenth Amendment to the United States Constitution is a very important part of our criminal justice system in that it applies protections guaranteed by the Bill of Rights to citizens of the United States in the application of the criminal justice system at the state level. Prior to the passing into law of the Fourteenth Amendment, the protections of the Bill of Rights only applied to citizens facing investigation and prosecution by the Federal Government. Ensuring the rights of the individual are protected against overreach and abuse by the government was central to the reasoning behind the Declaration of Independence and is fundamental to our principles outlined within our constitution.
3 The Fourteenth Amendment to the Constitution of the United States was first submitted to Congress as one of three amendments, along with the Thirteenth and Fifteenth Amendments, proposed following the conclusion of the Civil War as part of the Reconstruction program. (National Archives, n.d.) These amendments were meant to guarantee rights to newly freed slaves, and the Fourteenth Amendment was passed by Congress June 13 th , 1866, and ratified by the states July 9, 1868. The most significant language relating to criminal law in the amendment is found in section one, stating that “No State shall make or enforce any law which shall abridge the privileges or immunities of citizens of the United States; nor shall any State deprive any person of life, liberty, or property, without due process of law; nor deny to any person within its jurisdiction the equal protection of the laws.” Prior to the passing of this Amendment into law, the guarantees contained within the Bill of Rights were not explicitly applied to the states and their enforcement of the law, and the text of this section within the Amendment would be what the Supreme Court would later case their interpretation of due process as it relates to criminal law upon. The Bill of Rights outlines protections that citizens of the United States enjoy against overreach by their government and law enforcement from investigation as a suspect through trial for an accused offense. The Fourth and Fifth Amendments outline the protections of citizens during investigation as a suspect and prior to arrest and formal criminal charges, while the Sixth and Eighth Amendments outline rights of citizens for trial, bail and punishment for conviction. References American Correctional Association, Office of Correctional Health. (2023, January). Staff recruitment and Retention in Corrections . American Correctional Association.
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