Constitutional Rights
Assignment 2: Constitutional Rights
Due Week 10 and worth 200 points
The constitutional rights guaranteed in the Bill of Rights are most highly protected during the trial stage of a criminal proceeding. This is when the adversarial process, which characterizes the U.S. criminal justice process, is at its peak. Analyze and evaluate the steps which would bring an individual to trial beginning with the arrest phase of the process.
Write a four to six (4-6) page paper in which you:
- Identify and discuss the four (4) elements of arrest.
- Identify and discuss the four (4) requirements for search and seizure with a warrant.
- Explain the various aspects of the plain view doctrine.
- Compare and contrast the various means of identifying suspects.
- Summarize the basic constitutional rights of the accused during trial.
- Use at least four (4) quality references. Note: Wikipedia and other Websites do not qualify as academic resources
Your assignment must follow these formatting requirements:
- This course requires use of Strayer Writing Standards (SWS). The format is different than other Strayer University courses. Please take a moment to review the SWS documentation for details.
- Include a cover page containing the title of the assignment, the student’s name, the professor’s name, the course title, and the date. The cover page and the reference page are not included in the required assignment page length.
The specific course learning outcomes associated with this assignment are:
- Critically debate the Constitutional safeguards of key Amendments with specific attention to the 4th, 5th, 6th, and 14th Amendments.
- Explain and debate fundamental Supreme Court cases associated with criminal procedure.
- Define and describe Constitutional laws and the court procedure.
- Explain and debate fundamental Supreme Court cases associated with criminal procedure.
Click here to view the grading rubric for this assignment.
great. Please look at the rubric and the notes attachef
Criteria
Unacceptable
Below 60% F
Meets Minimum Expectations
60-69% D
Fair
70-79% C
Proficient
80-89% B
Exemplary
90-100% A
1. Identify and discuss the four (4) elements of arrest.
Weight: 20%
Did not submit or incompletely identified and discussed the four (4) elements of arrest.
Insufficiently identified and discussed the four (4) elements of arrest.
Partially identified and discussed the four (4) elements of arrest.
Satisfactorily identified and discussed the four (4) elements of arrest.
Thoroughly identified and discussed the four (4) elements of arrest.
2. Identify and discuss the four (4) requirements for search and seizure with a warrant.
Weight: 20%
Did not submit or incompletely identified and discussed the four (4) requirements for search and seizure with a warrant.
Insufficiently identified and discussed the four (4) requirements for search and seizure with a warrant.
Partially identified and discussed the four (4) requirements for search and seizure with a warrant.
Satisfactorily identified and discussed the four (4) requirements for search and seizure with a warrant.
Thoroughly identified and discussed the four (4) requirements for search and seizure with a warrant.
3. Explain the various aspects of the plain view doctrine.
Weight: 15%
Did not submit or incompletely explained the various aspects of the plain view doctrine.
Insufficiently explained the various aspects of the plain view doctrine.
Partially explained the various aspects of the plain view doctrine.
Satisfactorily explained the various aspects of the plain view doctrine.
Thoroughly explained the various aspects of the plain view doctrine.
4. Compare and contrast the various means of identifying suspects.
Weight: 15%
Did not submit or incompletely compared and contrasted the various means of identifying suspects.
Insufficiently compared and contrasted the various means of identifying suspects.
Partially compared and contrasted the various means of identifying suspects.
Satisfactorily compared and contrasted the various means of identifying suspects.
Thoroughly compared and contrasted the various means of identifying suspects.
5. Summarize the basic constitutional rights of the accused during trial.
Weight:15%
Did not submit or incompletely summarized the basic constitutional rights of the accused during trial.
Insufficiently summarized the basic constitutional rights of the accused during trial.
Partially summarized the basic constitutional rights of the accused during trial.
Satisfactorily summarized the basic constitutional rights of the accused during trial.
Thoroughly summarized the basic constitutional rights of the accused during trial.
6. 4 references
Weight: 5%
No references provided
Does not meet the required number of references; all references poor quality choices.
Does not meet the required number of references; some references poor quality choices.
Meets number of required references; all references high quality choices.
Exceeds number of required references; all references high quality choices.
7. Clarity, writing mechanics, and formatting requirements
Weight: 10%
More than 8 errors present
7-8 errors present
5-6 errors present
3-4 errors present
0-2 errors present
Answer preview
The accused have a series of US constitutional Rights which he or she is guaranteed. One thing that must be understood is that the accused is usually innocent until proven guilty. Therefore, it’s essential that their inherent rights should be respected in the process of arresting them, arraigning them in the court and during court hearing (Carmen, & Hemmens, 2016). For instance, the Fifth Amendment of the US Constitution requires the accused to remain silent, and the police are supposed to develop their own evidence to prove or disapprove the accused innocence. Therefore, the right to remain silent is violated when the accused is coerced or forced to speak. Similarly, the accused has a right to have an attorney to represent him or her, and if the police deny such a right, they violate the rights of the accused (Carmen, & Hemmens, 2016).
Elements of arrest
In the legal terms arrest is the constitutional deprivation of the freedom of the accused by the police officer. The police officer must acquire authorization…
(1500 words)