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Posted by Moonshadow 5 years ago In:

Moonshadow
Moonshadow Asked:

How has the U.S. Constitution influenced the american criminal justice system?

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HappyYoga
HappyYoga Answered:

In many ways, it hasn't. 

This can be evidenced in the ways that the rights of those arrested, even when innocent, are trod on. 

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tonygs
tonygs Answered:

The Constitution is the framework for our civil laws.  When there is a legal challenge to a particular law, such as the legality of slavery, it's up to the Judicial branch of Government to determine if it is Constitutional, or if there is nothing specific in the Constitution regarding a law such as anti-abortion laws, the Courts must determine which part of the Constitution would protect or invalidate a law.

For both my examples I chose topics that are considered controversial, because in both cases, the Supreme Court has had differing opinions (the formal ruling), in both the majority and minority opinions.  There was a time when slaves were considred property, which is something we would now, in modern times, consider an outrage against our fellow man.  With abortion, until 1971 with the Roe v. Wade case, it was considered a States rights issue, meaning each State was free to create and enforce whatever laws regarding abortion on demand.  The change with Roe v. Wade was States rights were now superceded, because the Supreme Court determined it (abortion) was considered to be protected at the federal level because of the Second Ammendment guarantee to the right of privacy.

I hope this helps and wasn't to long for what seemed a "simple" question.

Tony

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