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1) Identify and discuss the constitutional protections afforded people accused of crimes.
2) If you were in a position to do so, would you increase or decrease the rights available to defendants at trial? Specifically, what might you recommend, and why?
The American criminal justice system is built on the principle of due process, ensuring that the power of the state is balanced by the fundamental rights of the individual. These protections are primarily found within the Bill of Rights.The American criminal justice system is built on the principle of due process, ensuring that the power of the state is balanced by the fundamental rights of the individual. These protections are primarily found within the Bill of Rights.
The following amendments form the "shield" for any individual facing criminal charges:
The Fourth Amendment: Protection from Unreasonable Search and Seizure. Before the government can search your property or person, they generally must have probable cause and a warrant. Evidence obtained in violation of this is often excluded from trial under the "Exclusionary Rule."