NCJ Number
102544
Journal
FBI Law Enforcement Bulletin Volume: 55 Issue: 9 Dated: (September 1986) Pages: 24-30
Date Published
1986
Length
7 pages
Annotation
This article reviews the history and content of the U.S. Constitution and the bill of rights and the application of the bill of rights to criminal procedure in the States under the due process requirement of the 14th amendment.
Abstract
The U.S. Constitution created a Federal Government composed of three branches whose functions and powers provide checks and balances on one another. The Federal Government is empowered to regulate interstate commerce, to impose direct taxes, and to enforce its own laws. A bill of rights was added to ensure that the created government could not evolve into a tyranny. Principal guarantees are the right against unreasonable state searches and seizures, the right against self-incrimination, and the right to counsel. These rights, however, apply only to the actions of the Federal Government, not State governments. The adoption of the 14th amendment in 1868, which guarantees the right to due process of law, has evolved as the instrument whereby the bill of rights has become a minimal standard for State criminal procedure. The U.S. Supreme Court has interpreted the 14th amendment to guarantee all U.S. citizens the rights considered fundamental to the American concept of justice. Coincidentally, these rights are embodied in the bill of rights. 24 footnotes.