Criminal Law Foundations Evaluations 1

Criminal Law Foundation Evaluations

Rosa M. Silva

CJA / 484

April 19, 2021

Virginia Swisher
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Criminal Law Foundation

The United States Constitution incorporates several Amendments. The Fourth,

Fifth, and Sixth Amendment justify safeguards that protect our rights. As we know the

Bill of Rights was implemented from the United States Constitution, which it has, 27

amendments but the first 10 cover the Bill of Rights. These Amendments protects the

rights of adults, which depends on the circumstances that will help with their rights and

the since juveniles really do not understand the meaning of these Amendments some may

not apply to them as they are seen as children. The 4th, 5th, & 6th Amendments are looked

at different from juveniles to adults. Chicago, Illinois established the juvenile justice

system back on July 1, 1899. The juvenile justice system was established to help

rehabilitate the juveniles instead of punishing them to jail/prison. The purpose of

rehabilitation was to help juveniles from recidivism in not committing any more crimes

and become criminals as adults. Depends on the crime the juvenile has committed they

could hold them accountable as an adult.

This paper will identify and evaluate the constitutional safeguards provided by the

4th, 5th, and 6th Amendments to the United States Constitution as they apply to both

adult and juvenile court proceedings. Lastly it will further discuss the impact that these

safeguards the right to have an attorney, Miranda warnings, speedy trial, and the

exclusionary rule have on the day-to- day operation of adult and juvenile courts.

4th Amendment

The Fourth 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 warrants shall issue, but upon probable cause, supported by oath or
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affirmation, and particularly describing the place to be searched, and the persons or

things to be seized” (Law Cornell, n.d.). When it comes to a juvenile an officer doesn’t

need a probable cause nor reasonable suspicion to stop and frisk but with an adult things

are different because he might know the individual from the community and know if they

are on probation or not (Weiser. K. A, 2005). The United States Supreme Court has a

basic constitution protection for the juvenile when it comes to juvenile courts. For

example one of the protection for a juvenile includes an advance notice which they would

have to let the individual know ahead of time if any charges are brought against them also

they have the right to counsel and cross-examine the witness if any evidence. “California

is the only state in the nation that allows an illegal search of a juvenile, which if

conducted on an adult, would result in the suppression of the evidence” (Weiser. K. A,

2005). Every state is different when it comes to juveniles for example one state can let

law enforcement officers search juveniles on school grounds because that state and law

enforcement want to protect school property, students and faculty. The law enforcement

must have probable cause to search and should be called by another agency to assist.

5th Amendment

The 5th Amendment states “No person shall be held to answer for a capital, or

otherwise infamous crime, unless on a presentment or indictment of a grand jury, except

in cases arising in the land or naval forces, or in the militia, when in actual service in time

of war or public danger; nor shall any person be subject for the same offense to be twice

put in jeopardy of life or limb; nor shall be compelled in any criminal case to be a witness

against himself, nor be deprived of life, liberty, or property, without due process of law;

nor shall private property be taken for public use, without just compensation” (Law
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Cornell, n.d.). This amendment handles the court proceedings for the juveniles and

adults. The amendment also protects, as far that an individual cannot be tried in court for

the same offence, they cannot incriminate themselves, any possession or freedom taken

from them due course of the law, their things cannot be confiscated (U.S. Constitution

Amendment V). The juveniles are more intimidated when it comes to the Miranda rights.

In June of 2011, the Supreme Court considered that when a juvenile is the custody the

officer would determine if they would question the children (Wesley J. M. P, 2013). Also

the juvenile can be properly be informed of the Miranda warning since the children are

more intimidated by officers and which would feel that they have to submit to the officers

and the difference an adult doesn’t feel the same way and feel that they can just walk

away (Wesley J. M. P, 2013).

6th Amendment

The 6th Amendment states “In all criminal prosecutions, the accused shall enjoy

the right to a speedy and public trial, by an impartial jury of the state and district wherein

the crime shall have been committed, which district shall have been previously

ascertained by law, and to be informed of the nature and cause of the accusation; to be

confronted with the witnesses against him; to have compulsory process for obtaining

witnesses in his favor, and to have the assistance of counsel for his defense” (Law

Cornell, n.d.). The United States Supreme Court stand by when it comes by in letting the

juveniles and adults have counsel while in a civil or criminal court. Juveniles will not

have a jury trial their court will be held by the judge and his/her counsel as an adult they

could have a jury trial in their court proceedings. “When does a juvenile legally become

an adult? This is literally a life or-death question because the United States Supreme
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Court held that the Constitution prohibits the imposition of capital punishment on a

juvenile. The United States adopted the age of twenty-one as the age of adulthood during

the American Revolution” (Colbert & Kroeger, 2019).

Constitutional Safeguards

The year of 1789 the amendments were written which in 1971 were later accepted

by some of the states legislatures. Juveniles do not have the constitutional rights as the

adults do in a court proceeding. In a juvenile court proceeding they are heard by judges

because the Sixth Amendment safeguards do not cover them because they do not have the

right to bail and right to a trail by the jury. The Amendments protects the adults with the

right to be represented by counsel which it gives them more work such as more court

trails, more work for the state and a longer court dockets for trails. The Speedy Trial and

Exclusionary Rule affects both the juveniles and adults in the court system one way or

another. The adults have the right to have a speedy trial permitted to them by the Sixth

Amendment but not to the juveniles. The Exclusionary Rule has the adult’s court making

sure the law enforcement the Constitutional Rights are violated.

Conclusion

The Constitutional safeguards protect everyone from any discrimination by the

criminal justice system and treating them from an unfair manner in a court proceeding.

The document was well written by individuals who witness corruption in the government

who have violated human rights. All three Amendments 4th, 5th, and 6th are very

important to the Constitution, which help the adults and juveniles in their criminal or civil

court proceeding. Both juveniles and adults benefit from the safeguards because it gives

them certain rights and protection as they have court proceedings. It depends on the age
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of the individual to see how many constitution rights will protect them as a juvenile. In

the United States no one is above the law, these Amendments protect everyone from

being unfair trials and for their rights not are violated. We have had several situations

were laws have been broken and no one has been held accountable for them. The people

of color are who have been violated of their rights in the past years but as of 2021 it

seems as things are finally changing for them and everyone else.
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References

Colbert, B., & Kroeger, A. B. (2019). Convicting Juveniles to Life without

Parole. Mitchell Hamline Law Review, 45(4), 1–29.

Law Cornell. (n.d.). Amendment IV. Retrieved from

https://www.law.cornell.edu/constitution/fourth_amendment

Law Cornell. (n.d.). Amendment V. Retrieved from

https://www.law.cornell.edu/constitution/fifth_amendment

Law Cornell. (n.d.). Amendment V. Retrieved from

https://www.law.cornell.edu/constitution/sixth_amendment

Weiser, K. A. (2005). People v. Sanders: Towards a Unified Policy Protecting the Rights

of Juveniles. California Western Law Review, 41(2), 459-478.

Wesley, J. M. P. (2013). Age of Intimidation: Why the Supreme Court Got it Right in

J.D.B. v. North Carolina. New England Journal on Criminal & Civil

Confinement, 39(1), 269–292.