W2: The Constitution – Desiree Peel
Of the Constitutional amendments we are addressing in this class (Fourth, Fifth, Sixth, and Eighth), which one is most important? Why?
The fourth amendment affords protection from unreasonable search and seizure by the government. The fifth amendment is the protection against self-incrimination and double jeopardy; in addition, it affords rights to a grand jury and due process of law (Legal Information Institute, 2024).
The sixth amendment affords a list of rights for criminal defendants including right to a speedy/public trial; right to impartial jury; right to know the nature and cause of the accusation; right to confront witnesses; right to compulsory process for obtaining witnesses; and the right to assistance of counsel (Legal Information Institute, 2024). Lastly in this group of reviewed amendments is the eighth amendment, the protection against cruel and unusual punishment, excessive fines, and excessive bails.
Of these four reviewed amendments, I believe the fifth amendment would be the most important in my opinion. I chose this amendment because regardless of how a search and seizure is conducted or the potential severity of punishment – an innocent person would have a better chance of both of those being negated if they can fight out their case in a fair and impartial trial with due process adherence. On the other hand, a guilty person might think protection against cruel and unusual punishment is more important. It is really tough to pick only one amendment, because the right to counsel is extremely important and feeling safe from unreasonable searches without probable cause is equally significant. I might lean towards more of a hybrid answer of both the fifth and sixth amendment being of high importance because of the protections by the Miranda Law, including the right to remain silent and the right to counsel (Legal Information Institute, 2024). These two rights allow for immediate protection against interrogation by law enforcement and then the opportunity to speak with an attorney about the suspected crimes or offenses committed.
References
Legal Information Institute. 2024. Cornell Law School. https://www.law.cornell.edu/constitution-conan/amendment-5/requirements-of-miranda
Legal Information Institute. 2024. Cornell Law School. https://www.law.cornell.edu/constitution/eighth_amendment
Legal Information Institute. 2024. Cornell Law School. https://www.law.cornell.edu/constitution/fifth_amendment
Legal Information Institute. 2024. Cornell Law School. https://www.law.cornell.edu/constitution/fourth_amendment
Legal Information Institute. 2024. Cornell Law School. https://www.law.cornell.edu/constitution/sixth_amendment
