Question

Question 1

Why did the Founding Fathers feel compelled to include criminal procedure provisions in the Bill of Rights? What were the historical factors that informed those decisions? How might a Christian worldview have influenced their formulation of these provisions in the Bill of Rights?

Question 2

Examine the case of Gideon v. Wainwright (1963). How are the Constitutional rights concerning criminal procedure interpreted in this case? How do you think that it might influence future interpretations of this provision of the Constitution?

Answer 1

Answer 1- The founding fathers included the criminal procedure provisions into the bill of rights in order to maintain peace. Without the guidelines, rules and amendments, the justice system would be able to rule however they want. Fair or not.The historical factors that informed those decisions are now known as the ten amendments. Having a Christian worldview has influenced their formulation of these provisions in the Bill of Rights by using scripture. In an article I found that, “The Bill of Rights reflects the Christian heritage of our nation; The idea of human dignity, that we are created in the image of God, forms the theological basis for human equality and our core principle of liberty.”

Answer 2- In the case of Gideon v. Wainwright (1963, the Constitutional rights concerning criminal procedure interpreted in this case because there was proof that one of the amendments were broken. On the Justia website, I found that “The Supreme Court established that the Fourteenth Amendment creates a right for criminal defendants who cannot pay for their own lawyers to have the state appoint attorneys on their behalf.” (supreme.justia.com). In addition,I think that this case might influence future interpretations of this provision of the Constitution by being a reference. People can use this case to prove a major point in one of their cases.