Wednesday, 29 July 2009

Describe how the civil liberties guaranteed by the Bill of Rights make it more difficult for law enforcement to catch and convict criminals.

The Fifth
Amendment protects people against self-incrimination. One can also not be tried twice for the
same crime. This makes it difficult to convict criminals because the law has to make sure that
it has an ironclad case before going to court. This is difficult without many witnesses and
concrete evidence.

The Fourth Amendment prohibits police searches without a
warrant. Even when a warrant is supplied, it usually spells out explicitly what can and cannot
be searched. Even if the police find incriminating evidence, if it goes beyond the scope of the
warrant, it may be tossed out as inadmissible evidence in court. This means that the police must
be relatively sure of guilt before they can proceed to investigate. This gives the criminals
time to tamper with evidence or escape.

The Sixth Amendment guarantees a
jury trial of one's peers. Prosecution must select an impartial jury, and the defense attorney
can also weed out potential jurors. When there is any doubt of a biased juror, that...

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