The 14th Amendment was officially and legally approved on July 9, 1868. In terms of law, it contributes significantly to the civil rights of all Americans. It is doing so on two fronts. First and foremost, it made everyone born in the United States legal citizens, including former slaves. Prior to this addition, African Americans were not considered citizens of the United States, but property. The 14th Amendment also made it illegal for any state to deny a person equal protection of the law. In addition, it also states that people have a constitutional right to life, liberty and property that cannot be denied by the government. It also states that people have the right to due process. This means that a person`s legal rights must be respected if they are accused of a crime. Access to a criminal defense attorney is the most important aspect of the Sixth Amendment. This right to legal aid is so important that there is a related right for people who are unable to pay for legal aid: the right to have a court-appointed lawyer paid for by the government. The validity of the legally authorized public debt of the United States, including debts incurred for the payment of pensions and bonuses for services rendered in suppressing insurrections or rebellions, must not be questioned.
But neither the United States nor any state may assume or pay any debt or obligation incurred in support of any insurrection or rebellion against the United States, or any claim for the loss or release of a slave; But all these debts, obligations and claims are declared illegal and void. The Bill of Rights is a crucial element of the United States Constitution, which was drafted to guarantee the fundamental rights of the country`s citizens. Originally, it contained ten amendments. Subsequently, seventeen other amendments were incorporated into the Constitution. Parts of these additional changes and the Bill of Rights have had a significant impact on the criminal justice system. These amendments include the fourth, fifth, sixth, eighth and fourteenth amendments. Its purpose is to ensure that people are treated fairly when they are suspected or arrested for crimes. If a lawyer is not competent, the accused is deprived of a fair trial. Defendants appealing for this reason must prove that their lawyer made enough mistakes or could not devote sufficient time to the case to be a competent lawyer. Representatives are distributed among individual states according to their respective numbers, counting the total number of people in each state, except for untaxed Indians.
If, however, in an election to elect the electors of the President and Vice President of the United States, members of Congress, executive and judicial officers of a State, or members of the legislature of a State, the right to vote is denied to one of the twenty-one-year-old male residents of that State and citizens of the United States or in any manner reduced, except in the case of participation in rebellions or other crimes, the basis of representation in such rebellions shall be reduced in proportion to the number of such male citizens to the total number of male citizens twenty-one years of age in that State. Federal and state criminal justice systems have procedures for appointing counsel for impoverished defendants. Two different approaches are common: in the current court system, an accused has the right to a trial judged by a jury of peers. During this trial, he also has the right to know the nature of the charges, to have a lawyer and to face all prosecution witnesses. These are Sixth Amendment rights. In self-defence, a person also has the right to receive witnesses in support of his defence. The Sixth Amendment also states that the trial must take place in the state and county where the crime was allegedly committed. The Fourth Amendment protects individuals from improper warrantless search and seizure.
This includes their person, their homes and objects in their homes that are searched and taken away by the police or other officials. Therefore, if the police suspect that a person has participated in a crime or is committing a crime, they must first obtain a lawful arrest warrant. The arrest warrant must be issued by a judge before he or she can enter the suspect`s property in search of evidence. This change has both positive and negative effects on the law. It is positive for citizens in that it protects their privacy and prevents police from arbitrarily searching and confiscating property. As for the law enforcement perspective, it can be negative, as it gives some criminals the opportunity to remove or destroy evidence before a warrant can be obtained. These rights, as well as the protections of the Fourth, Fifth, Eighth, and Fourteenth Amendments, are designed to ensure that defendants receive a fair trial. A court-appointed lawyer may act on behalf of the accused before, during and after the trial. The critical stages of criminal procedure for which the Sixth Amendment guarantees the right to counsel are as follows: Finally, changing standards of decency will require the court to prohibit many modern sentences that did not exist in the eighteenth century, such as solitary confinement or the death penalty for children or the mentally ill.
For progressives, the Constitution must evolve and be interpreted in such a way that the rights of those less privileged, less protected and less influential are not sacrificed to serve the interests of the powerful and the people.