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Thursday, November 16, 2006

4-6 Amendments

4th Amendment- The 4th amendment gives the people the right to be secure in their personal things against seizures and searches that are unreasonable or unjust. The only way that a search or seizure is to be permitted is through probable cause that is determined by a judge in court, or by a warrant that specifies a certain place and what is being searched for. Though it does not say it, privacy is interpreted into this amendment. "As such, it stands as one of world historical importance."(America 130) In the case of Hudson V. Michigan, the issue of privacy was debated.

5th Amendment- The 5th amendment makes it mandatory for a fair trial. Both parties will know where and when the trial is and will also be equipped with a lawyer if one is not already chosen. A person can also not be tried for the same crime twice or cannot be caught in double jeopardy. A grand jury will decide if the issue being disputed is relevant enough to have a trial and decides whether or not the defendant is guilty. The issue of eminent domain is dealt with were it limits the power of the court to take land for "public use".

6th Amendment- The 6th amendment gives the right to a speedy trial within the district that the crime was committed. The 6th also has the accused be notified of their charges and gives them a right to a lawyer. Miranda V. Arizona

Bennett, William J."America; The Last Best Hope". Nelson Current: Nashville, Tennessee 2006

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