Defendant Protections Assignment Example | Topics and Well Written Essays - 500 words

Defendant Protections - Assignment Example However, this has presented a major challenge as time to initiate arrest warrants can lead to dismantling of evidence and even to the extreme; the suspects may disappear as they evade arrest. Before searching for an arrest warrant, a neutral judge should grant the arresting officer permission to arrest the suspect. This move should be backed by adequate evidence of crime that must convince the judge or magistrate in order to issue an arrest warrant. If the evidence presented by the officer does not convince the judges then arrest warrant is not granted. In general, the fourth amendment deals with the aspect of search arrest and investigation. On to the Fifth Amendment, no defendant is held to answer for any infamous crime including a capital crime unless on indictment or presentment by the grand jury. No person is to be deprived of his liberty, life or property unless under the pronouncement of the law. Private property seized for the use of state must also be duly compensated (Brawell & McCarthy, 2011). The Fifth Amendment mainly governs pre-arraignment and post-arrest proceedings. The sixth amendment major deals with pre-sentecing and post arraignment proceedings. Under the six amendments the defendant has got the right to not only fair bit also speedy trial. He should be informed of the crime he is accused of and face pronouncements from an impartial jury. There should be a witness against him and should also have a witness in his favour.The defendant have also the right to find a counsel to advise him on relevant legal procedures regarding the case presented against him. Lastly, the eighth amendment deals with imposition of bails fines, bails and punishment of defendants. A defendant should in no time be subjected to unfair treatment and cruel punishment beyond the offence committed. Excessive bails and fines should not be imposed on defendants outside what is stipulated in the law (Wei, 2001). The magnitude of sentence pronounced