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Importance of the 4th,5th and 6th Ammendments
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The need to govern people is not a new idea. Law has been around for thousands and thousands of years. There is detailed law of how we should act and behave that is written in the most common book in the world, the Bible. The Romans were successful in that they were one of the first to codify or write down their laws to make people aware and accountable for their actions. Punishments were attached to the crime to deter bad behavior. England mimicked the Roman system to a degree; the hierarchy became corrupt and that later drove our founding fathers to boldly secede from the old world. Since our secession, and creation of the Bill of Rights the 4th, 5th, & 6th amendments have played an important role in protecting the accused. The Romans were one of the first to institute a system that codified and applied law. They had courts which heard issues from about every aspect that could be thought of during that era. Also, Rome had one of the first records of law for the benefit of the people. Another group of people that incorporated part of the Roman legal system were the founding fathers of this country. The Founding Fathers of this country had battled and were victorious in seceding from England. Many if not all of these people had left England for various reasons. The overriding factor was that they felt that their government had let them down. They were persecuted for what we now consider basic fundamental beliefs and rights. With the knowledge possessed by these great men they had the blue print of the form of government that was so prevalent in the old world. They created a republic “for the people by the people”. It is true they incorporated what “they felt” was the most important pieces they had in the old world, and then continued to build on them, hence the Constitution of the United States was born. The abuse of power in the old world left such a bad taste in the mouths of the framers’ that they felt a strong need to create a list of fundamental rights. Theses were attached to the constitution and commonly known as the Bill Of Rights. They protect the rights of the individual. How the framers knew that the constitution should be a living document is unknown, but the reality that it is a living document is proof of the increasing need for change and interpretation to continue. This necessary change and interpretation must and will continue in years to come to ensure the individual rights and freedoms we now enjoy. The Bill of Rights is something that is taught in all schools around the nation. Yet the importance of this bill is not completely understood or appreciated. Every amendment is important and cannot be overlooked, but in today’s society from a criminal aspect, the most sacred of sacred are the 4th, 5th, and 6th amendments. They deal with rights of the accused and the protection that is afforded them. The forth amendment states: “The right of the people to be secure in their persons, houses, papers, and effects, against unreasonable searches and seizures, shall not be violated, and no warrant shall issue, but upon probable cause, supported by oath or affirmation, and particularly describing the place to be searched, and the persons or things to be seized.” The novel we read in class, The Trial, by Franz Kafka, painted a life-like picture of how our society would be if we did not have a bill of rights.
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