Criminology

The Bill of Rights consists of the first ten amendments to the US constitution. These amendments were ratified by the various states to enhance the civil liberties of American citizens and protect them from the excesses of the state. Because of these changes, federal and state agencies tasked with law enforcement are obliged to inform a suspect of their rights before making an arrest. The rule of double jeopardy protects the public from vindictive officers keen to settle personal scores, while the option of having a state counsel to represent one in court ensures the right to legal representation. Amendments number one, four, five, six and fourteen (part 1) enshrine civil rights in the constitution and make it unlawful to deprive anybody of these rights.

The first amendment touches on the very fabric of mans spiritual nature by preventing Congress from interfering with peoples faith. It outlaws preferential treatment of any religion to the detriment of other faiths. While it respects the right to practice religion, the amendment implies that this right prohibits actions that infringe on other peoples freedom to worship different gods.  This clause ensures religious harmony and takes into cognizance the different ethnic and cultural backgrounds of the American public.

Freedom of the press and freedom of speech guarantees are contained in this amendment. A vibrant press that can take on the state and expose graft and illegal practices is essential for good governance. Exposes by investigative reporters have uncovered major political and financial scandals leading to political fallouts and legal consequences for those involved. The Watergate scandal and the Enron case achieved notoriety because of the impunity with which those charged with public assets and office acted. Freedom of speech becomes a vital ingredient in promoting democratic ideals and the rule of government and people should be allowed to express their opinions provided their actions are within the confines of the law. Denying the public this right contributes to dissent and violent insurrections, which threatens the stability of the state.

The right to assemble and demonstrate for any reason is contained in the first amendment. Dissatisfied citizens were guaranteed the right to criticize the government and organize assemblies to challenge the government on contemporary issues. This right limits state control over the citizens lives and enhances personal freedoms necessary for a fruitful life. Public demonstrations provide an avenue for feedback that the government can use to gauge public sentiment regarding its policies. Repressive governments oppress their citizens and control any expression of dissents. Without any form of feedback, the government will implement unpopular policies that are doomed to fail because of stakeholder indifference.

Unlawful searches of property and seizures of goods by law enforcement officers create an environment of insecurity and contribute to general despondency of the society. To curtail such actions, the fourth amendment clearly defines the circumstances under which a search warrant is affected. The clause probable cause acts as a restraint on both the officer charged with approving the warrant and the law enforcement officer seeking to search or seize property.

Harsh treatment of suspected persons during the inquisition probably informed the drafters of the Fifth Amendment. People accused of capital offenses were guaranteed the right to legal representation and a fair trial by a grand jury under this clause. The doctrine of double jeopardy included in this amendment protects suspects from facing a second trial for the same offence. Evidence adduced during police investigations that cause a suspect to self incriminate themselves is illegal under this clause. This prevents the police from trumping up charges and presenting doctored statements before the court.  A restatement of the right to life, liberty and property is made in this clause to remind those charged with law enforcement that a person is innocent unless proven guilty. Compensation was made mandatory for state acquisition of personal property under this title.  Because of this factor, state governments would exercise restraint before requisitioning personal property.

Persons facing criminal cases were assured under the Sixth Amendment of a speedy and public trial to ensure fair justice since, justice delayed is justice denied. The drafters of this amendment probably identified court delays as the greatest   impediment to delivery of justice and decided to introduce a clause that would speed up the process.  An impartial jury is required to judge the accused and for those without the means to hire a lawyer, the state was obliged to assign one to represent them. Ensuring impartiality on the jury team is important if the accused is to get a fair trial. To avoid claims of injustice, the accused is required to stand trial in the state or district where the crime was committed. The accused is allowed to present witnesses to back up their alibi and seek state intervention in the event that such witnesses are unwilling to come forward.  A measure that the judicial process is fair and free by according the accused the same defense rights as the plaintiff.

The Fourteenth Amendment defines a citizen and outlines their rights under the constitution. It prohibits congress from enacting any legislation that would jeopardize such rights as enshrined in the constitution.  This measure prevents a legislator from sponsoring a bill aimed at curtailing the freedoms and rights of a certain community. The drafters probably envisioned the possibility of a bias developing in the congress against some ethnic communities. To forestall such actions this clause was included in the amendment.  Once again, the drafters reiterated the right to liberty, life and property only the rule of law could deprive a citizen of these rights. The amendment guarantees all citizens equal treatment under the law. By reaffirming this point, the drafters intended to assure all citizens regardless of color, race or creed that their interests were secure.

In conclusion, the Bill of Rights addresses the original constitutions shortfalls concerning human rights. By attempting to cover all areas that the state could infringe on personal liberties, the drafters produced a number of amendments. Amendment number four, five and six specifically deal with the rights of an accused person with respect to the gathering of adverse evidence and the nature of the trails. Amendment 1 and 14 address citizen rights and personal liberties related to speech, movement, association and assembly.

The drafters were aware of the danger of an overbearing state, which could trample upon the rights on an individual to achieve parochial interests. By incorporating these rights into the constitution, they preempted the state from acting unilaterally in implementing policies that would adversely affect the population.