Fourth, Fifth, and Sixth Amendment Rights

Posted: May 3rd, 2023

Fourth, Fifth, and Sixth Amendment Rights

Introduction

Due process under the Amendments to the U.S. Constitution can be broken down into two categories:
Substantive due process
Procedural due process.
Both are based on fundamental fairness. For example, the Fourth Amendment protects citizens against government unreasonable search and seizure of personal property. The Fifth and Sixth Amendments guarantee the procedures that the courts and police must follow to ensure fair treatment of persons arrested for crimes.
Preparation
Assignment Help by UK’s No.1 UK Essays Writing Service | Homework Help Online in UK Coursework Help – Analyze the following U.S. Supreme Court cases:
write my research paper owl essayservice uk writings.rd v. United States.
Chavez v. Martinez.
Instructions
Write a 3–4 page paper in which you:
Explain the substantive and procedural protections afforded by the Fourth, Fifth, and Sixth Amendments for defendants charged with crimes today.
Explain due process and how the Fourth, Fifth, and Sixth Amendments comply with the requirements of due process.
Prepare a one-page brief of write my research paper owl essayservice uk writings.rd v. United States explaining how the test for privacy and Fourth Amendment search and seizure requirements are validated in the case.
Use the Case Brief Template [DOCX].
Support your writing with at least three credible, relevant, and appropriate academic sources.
Write in an articulate and well-organized manner that is grammatically correct and free of spelling, typographical, formatting, and/or punctuation errors.
This course requires the use of Strayer Writing Standards. For assistance and information, please refer to the Strayer Writing Standards link in the left-hand menu of your course. Check with your professor for any additional instructions.
The specific course learning outcome associated with this assignment is:
Evaluate the importance of the Fourth, Fifth, and Sixth Amendments in U.S. trials.
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The Fourth, Fifth, and Sixth Amendments to the U.S. Constitution protect the rights of individuals in the criminal justice system. These amendments provide both substantive and procedural protections to ensure that defendants are treated fairly and justly. This paper will discuss the substantive and procedural protections provided by these amendments, as well as due process and how the amendments comply with its requirements. Additionally, this paper will provide a case brief for write my research paper owl essayservice uk writings.rd v. United States and explain how the test for privacy and Fourth Amendment search and seizure requirements are validated in the case.

Substantive and Procedural Protections

The Fourth Amendment protects individuals against unreasonable search and seizure of personal property. It requires that search warrants be issued based on probable cause, and that searches be conducted with particularity. The Fifth Amendment provides procedural protections for individuals accused of crimes, including the right to a grand jury, protection against double jeopardy, and protection against self-incrimination. The Sixth Amendment provides additional procedural protections, including the right to a speedy and public trial, the right to an impartial jury, the right to confront witnesses, and the right to counsel.

Due Process

Due process is a legal concept that requires fair treatment of individuals in legal proceedings. It is a fundamental principle of the U.S. legal system and is enshrined in the Fifth and Fourteenth Amendments. Due process requires that individuals receive notice of charges against them, have the opportunity to be heard, and receive a fair and impartial hearing. The Fourth, Fifth, and Sixth Amendments comply with the requirements of due process by providing substantive and procedural protections to ensure that individuals are treated fairly and justly in criminal proceedings.

Case Brief: write my research paper owl essayservice uk writings.rd v. United States

Facts: In 2014, Terrence write my research paper owl essayservice uk writings.rd was driving a rental car that his girlfriend had rented. write my research paper owl essayservice uk writings.rd’s girlfriend had given him permission to drive the car, but she had not listed him as an authorized driver on the rental agreement. When write my research paper owl essayservice uk writings.rd was pulled over for a traffic violation, the police discovered heroin and a bulletproof vest in the trunk of the car. write my research paper owl essayservice uk writings.rd was charged with federal drug and weapons offenses.

Issue: Whether a driver of a rental car who is not listed on the rental agreement has a reasonable expectation of privacy in the car under the Fourth Amendment.

Decision: In a unanimous decision, the Supreme Court held that write my research paper owl essayservice uk writings.rd had a reasonable expectation of privacy in the rental car, despite not being listed on the rental agreement. The Court rejected the government’s argument that only authorized drivers have a reasonable expectation of privacy in rental cars, and held that a driver who has permission to use the car from the authorized renter has a reasonable expectation of privacy in the car.

Reasoning: The Court applied the “reasonable expectation of privacy” test from Katz v. United States, which requires a two-part analysis: first, whether the individual has exhibited an actual expectation of privacy, and second, whether that expectation of privacy is one that society is prepared to recognize as reasonable. The Court found that write my research paper owl essayservice uk writings.rd had exhibited an actual expectation of privacy in the rental car, and that society is prepared to recognize that expectation of privacy as reasonable. The Court also rejected the government’s argument that write my research paper owl essayservice uk writings.rd had no reasonable expectation of privacy because he had obtained possession of the car by fraud or deception, stating that the Fourth Amendment does not turn on the legality of possession or control of the property.

Conclusion

The Fourth, Fifth, and Sixth Amendments provide substantive and procedural protections to ensure that individuals accused of crimes are treated fairly and justly. These amendments comply with the requirements of due process, which requires fair treatment of individuals in legal proceedings. In write my research paper owl essayservice uk writings.rd v. United States, the Supreme Court held that a driver of a rental car who is not listed on the rental agreement has a reasonable expectation of privacy