Assignment 2: Constitutional Rights
Due Week 10 and worth 200 points
The constitutional rights guaranteed in the Bill of Rights are most highly protected during the trial stage of a criminal proceeding. This is when the adversarial process, which characterizes the U.S. criminal justice process, is at its peak. Analyze and evaluate the steps which would bring an individual to the trial beginning with the arrest phase of the process.
Write a four to six (4-6) page paper in which you:
Identify and discuss the four (4) elements of arrest.
Identify and discuss the four (4) requirements for search and seizure with a warrant.
Explain the various aspects of the plain view doctrine.
Compare and contrast the various means of identifying suspects.
Summarize the basic constitutional rights of the accused during trial.
Use at least four (4) quality references. Note: Wikipedia and other Websites do not qualify as academic resources
Constitutional Rights Student`s Name Institutional Affiliation Constitutional Rights Elements of Arrest There are four elements of arrest. These are intent to arrest, authority to arrest, subjection to arrest and understanding by the person arrested that an arrest has occurred. Intent to arrest is transmitted by arresting officer`s actions or by verbal means, and this is important because it shows that there will be an arrest (Del Carmen 2013). The arresting officers derive the authority to arrest suspects and put in custody from the state laws. The authority gives the power the police officers to arrest criminals whenever they commit a crime (Del Carmen 2013). Subjection to arrest takes place when the suspect willingly submits to the arresting officers or is forcefully pushed into detainment through actual or constructive seizure. An actual seizure occurs when the arresting officers involve the use of firearms or hands in arresting the suspect while constructive seizure occurs when the arrestee submits to the police custody by walking there to surrender (Del Carmen 2013). Lastly, the arrestee should be made to understand why he or she is being arrested. The arresting officer will