Term Paper Essay questions and answers

           Module 1

            I learned several issues from the United States Constitution regarding the procedural requirements, the judicial review, and the judicial interpretation. The United States Constitution clarifies that all the legislative powers are granted to the Senate and House of Representatives.

            For the procedural requirements, it is important to understand the difference between probable cause and reasonable suspicion, the requirements for a warrant to arrest, and also define the purpose and requirements for summons. Probable cause must be attained by the government before making an arrest, conduct a search or obtain a warrant. Reasonable suspicion must be articulated to be used as a support for a course of action. Complaints must be given in written form having the facts of the offense charged to an individual.

            In the United States, Judicial review refers to the ability of the court to examine and make a decision if a particular statute, treaty, or a regulation violates the provisions of the existing law. Courts have a significant role in ensuring that all the individual rights are maintained and that the constitution is adhered to as required (Gözler, 2008).      

            Judicial interpretation is a thought process that describes the general approach used by the judiciary to interpret a law.  The strategy used by the judiciary in the interpretation of the constitution has an influence on the political dimensions, hence ought to be elaborate and well informed.

Module 2: Bill of Rights

First Amendment: It takes away the powers of the Congress in making laws that affect religion, the press, and the right of people to air their views to the government.

Fourth Amendment: The amendment gives power to the people to keep and bear arms. 

Fifth Amendment: It gives the guidelines on holding a person liable to answer for a capital crime or another infamous crime and requires a Grand Jury. In such circumstances, the person who commits a similar offense is considered to be in jeopardy. Nobody should be forced to be a witness in neither a court of law nor their life, liberty, or property taken away without following the due process of the law (Gözler, 2008).    

Sixth Amendment: The accused person has a right to a speedy and public trial by a fair jury and also be informed of the nature and cause of the accusation. He/she is also entitled to obtain witnesses and have the assistance of Counsel to defend him.   

Eighth Amendment: The amendment bars the judge from asking for excessive bails, imposing excessive fines, or being cruel to the accused person. 

Fourteenth Amendment: It addresses the issue of protecting the rights and laws of citizenship rights as a response to the former slaves following the American Civil War.

Module 3: Police Procedures

            The police officers ought to adhere to the guidelines on arrest and search. During an arrest by the police, there should be no influence from the law enforcers and hence requires a probable cause that warrants an arrest. Also, they ought to follow the procedural requirements of having a written warrant of arrest having been informed about it. The search by the police should not be accompanied by an arrest warrant given by an authorized officer by law. Every officer should carry the arrest warrant at the time of the arrest to avoid legal malpractices. The officers ought to inform the defendant of the offense charged and the facts that the warrant has been achieved. A copy of the warrant sheet should be served to the defendant before the arrest is made. The warrant should be returned to the issuing court before the defendant is brought.  Any unexpected warrant is returned to the issuing court and canceled (Adler & Himma, 2009).       

            

References

Adler, M., & Himma, K. E. (2009) The rule of recognition and the US Constitution. Oxford University Press

Gözler, K. (2008). Judicial review of constitutional amendments: a comparative study. Kemal Gözler.

Supreme Court of the United States (2016) The Court and Constitutional Interpretation.

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