...of his Fifth Amendment right against self-incrimination, or of his Sixth Amendment right to the assistance of an attorney. While he pled guilty to the crime, his attorney later claimed that his confession should have been excluded from trial. The Supreme Court agreed, deciding that the police had not taken proper steps to inform Miranda of his rights. Lower Court Verdict Miranda’s case was initially heard by a trial court in Arizona and he was found guilty of rape and kidnapping. Afterwards, Ernesto Miranda filed an appeal to the Arizona Supreme Court and the trial court’s decision was upheld. Petition...
Words: 623 - Pages: 3
...Smith CJUS 220 Professor Jeff Sexton October 13, 2013 INTRODUCTION This essay will provide detailed information on the Fifth Amendment which is very important in the United States. It will explain and give understanding of the importance of the Double Jeopardy Amendment and how it is used in the system of Law. Also it will discuss case in which involved the Fifth Amendment and how it was used to protect the citizens of several cases and how the people were protected with the Fifth Amendment rule inside the system of law. Double jeopardy is a procedural defense that forbids a defendant from being tried again on the same charges following a legitimate acquittal or conviction. In most countries with the common law rule most criminals are allowed to enter a plea of not guilty or autrefois acquit, which is a French law meaning a person has been found not guilty of the same charge in a previous trial with the same evidence and cannot be retried for the same crime regardless of what new evidence that has surfaced. Double Jeopardy is a procedural defense that protects a person from being tried again for the same crime. Double Jeopardy is the oldest legal concept of western civilizations. Double jeopardy is the prosecution of a person for an offense for which he or she has already been prosecuted. The double jeopardy clause, which is in the Fifth Amendment of the United States Constitution, was designed to protect an individual from being subject to trials and possible convictions...
Words: 2814 - Pages: 12
...An examination of the Bill of Rights and how it extends the protection of the civil liberties to the population, with emphasis on the First, Fourth, and Sixth Amendments, and a description of a public policy implemented to protect the constitutional rights of suspects, when interrogated by the police. The Bill of Rights and Civil Liberties The Bill of Rights is the first initial inclusion of laws to the Constitution, collected as the first ten amendments out of a total of 27 other amendments. This paper discusses three amendments in the Bill of Rights which includes the First, Fourth, and Sixth Amendments, with explanation of each amendment, and how it extends the protection of civil liberties to the population. The First Amendment This Amendment enacts the protection of free speech, religion, press, assembly, and freedom to petition the government (Dautrich & Yolof, 2011). The purpose of this Amendment is to prevent any directive establishing an adherence to a specific religion or any law prohibiting free practice of speech, assembly, and freedom of the press (Volkomer, 2011) The Amendment exclusively affects all individuals living in the U.S. including citizens within the U.S. government. It protects the right for an individual to express themselves freely, without fear of retaliation. The First Amendment is so important, because it protects the rights of the citizens to engage in open discussions and debate on public issues, which are important in any democracy...
Words: 1506 - Pages: 7
...to determine if an activity is a search within the meaning of the Fourth Amendment? Privacy approach it’s deciding what constitute a search. The government argued there was no search of a person, house, papers, or effects, so the Fourth Amendment did not apply. 2. Please explain the Exclusionary Rule? How does the case of Mapp v. Ohio (1961) relate to the rule? Exclusionary rule is a rule of evidence that excludes evidence from being admitted in criminal trial. This rule relate to the case Mapp v. Ohio for the first time to protect the rights by the Fourth Amendment as the protection of the rights of the citizens of freedom from unreasonable search. 3. How does the plain view doctrine differ from the open fields doctrine? Plan view doctrine...
Words: 601 - Pages: 3
...what they really believed in Britain. Do you believe there are times when freedom of expression should be limited? Explain your response. 3b. There are times when freedom of expression should be limited because saying things that are harmful can threaten the common good. Saying something like you’re going to blow up the school, should not be allowed because it could cause people to panic and end in harm to others. But saying a thing such as I don’t like Obama, or I like pizza, should be allowed because it is your opinion, however, you cannot say I am going to kill Obama, or take the chef who made the pizza hostage so he could make you pizza all the time. Should a public speaker who calls for violent action be protected by the First Amendment whereas an audience member who performs the action can be sent to prison? Why or why...
Words: 1050 - Pages: 5
...Bill of Rights The First, Fourth, Fifth, Sixth, and Fourteenth Amendments to the United States Constitution will be analyzed. This paper will discuss the relationship between the different areas of the Bill of Rights and the administration of justice and security. The aims of and the challenges fronting different federal, state, and local enforcement agencies will be discussed along with roles of the federal, state, and local court systems with regard to public safety and civil rights. The goals of the juvenile justice system with those other agencies will be discussed as well as the roles of private security organizations with respect to both corporate and public protection. Last there will be recommendations to solutions of the numerous tasks fronting criminal justice organizations and security organizations (University of Phoenix Syllabus, 2013). Amendments First Amendments The First Amendment explains that it is the independence of demonstration of the media and religious beliefs. This particular portion of the constitution forbids any type of reticence of communication, worship in addition to the capability to gather people calmly. This permits for every American to communicate without restrictions and worship wherever they want nationwide (The United States Constitution, 2010). Fourth Amendment The Fourth amendment was written to protect the people and their private property. In this amendment the people were promised their safety from illegal search and seizures as...
Words: 2090 - Pages: 9
...challenged many of the laws and executive orders in relation to the Executive Order 11478. The Supreme Court case Hampton v. Mow Sun Wong, legal citation: 426 U.S. 88 of 1976 challenged that order. The main argument questions the federal regulation that bars noncitizens from employment in the federal competitive civil service violate the due process of the law as set out in the Fifth Amendment. The main argument alleged aliens were exposed to special problems when seeking employment because language barriers. The plaintiffs noted 300,000 federal jobs became available each year, noncitizens were ineligible to apply or compete for them except when these jobs are exempted from the competitive civil service. The plaintiffs contended the advantages given to citizens is arbitrary and violates the due process clause of the Fifth Amendment and Executive Order 11478, 3 CFR 803. This forbids discrimination in federal employment on the basis of national origin. Justice Stevens affirmed the district court of appeals decision and agreed with the defendants a justification for citizenship requirement may have importance in certain contexts. The contexts Justice Stevens implied those issues would not only be in the interest of national security but also sensitive classified positions, and required government...
Words: 470 - Pages: 2
...Despite the concerted efforts of Patrick Henry and all of the rest of the Anti-Federalists, James Madison had succeeded in sponsoring the Bill of Rights and preventing the nation from suffering the consequences of a second constitutional convention. The first two amendments put forward by Congress fell short of ratification and were discarded. Thus, we have a Bill of Rights with 10 amendments. Over the more than 225 years since ratification, the Bill of Rights has assumed greater and greater importance. Originally the Bill of Rights was mostly intended to limit the powers of the new government, however, since then it has become fundamental in securing the rights of citizens against the state and the government. Eventually the Fourth through...
Words: 414 - Pages: 2
...The fourteenth amendment to the U.S. Constitution ratified on July 9, 1968 states that “All persons born or naturalized in the United States, and subject to the jurisdiction thereof, are citizens of the United States and of the State wherein they reside. No State shall make or enforce any law which shall abridge the privileges or immunities of citizens of the United States; nor shall any State deprive any person of life, liberty, or property, without due process of law; nor deny to any person within its jurisdiction the equal protection of the laws” (Charters of Freedom, Amendment XIV). In the United States, the criminal justice systems follow the adversary approach which requires following proper procedures designed to protect the rights of...
Words: 1087 - Pages: 5
...Criminal Defenses and Criminal Punishments Evelyn Diaz Strayer University LEG 320 Criminal Law Prof. Stratis-Malak May 23rd, 2014 Criminal Defenses and Criminal Punishments When determining if the use of force is lawful or justified by the court, various key points involved would have to be evaluated before deciding whether or not the use of force was warranted. Depending on the state statue, for example, if someone uses a Self-Defense and the Defense of Others approach in a court of law, the court would need to take into account three important key points that need to be involved. One being, if the act done by the other person was unlawful, if so, then it would be considered justified; secondly, if the act or force was immediate and necessary to defend yourself; and lastly, if the circumstances were reasonable enough to warrant the amount of force applied in the act. When determining the reasonableness of force used, one would have to take into account the relationship of those involved along with their size and age, and whether the assault was aggressive, and the type of weapon used (Gardner, & Anderson, 2012). Another approach to take when determining lawfulness of the use of force would be, the use of Deadly Force in a Self-Defense or the Defense of Others, would be the Stand Your Ground Law, a Florida Statute, that if and when a person feels that they are in fear of their life, and believe that they are in danger, then they have the right to defend themselves...
Words: 1627 - Pages: 7
...Comment :1 Which warranties, if any, has the manufacturer of the air conditioner breached? For a manufacturer to be liable for consequential damages caused by a breach of warranty, the consequential damages must be foreseeable to the manufacturer. The book states: The most common types of product liability cases are based on the following types of defects: 1 Design defects A product with a faulty design exposes its users to unnecessary risks, and products must be designed with all foreseeable uses in mind. Cars must be designed in view of the probability of accidents. To make the best possible case in the event of product liability suit, it is helpful for the manufacturer to have complied with all federal and state regulations on the product. It is also helpful if the manufacturer has used the latest technology and designs available within the industry and has met industry standards in designing its product. 2. Dangers of use due to lack of warnings or unclear use instructions Manufacturers have a duty to warn buyers of a foreseeable dangerous use of a product that the buyers are not likely to realize is dangerous. They also have a duty to supplement the warnings. Manufacturers must also give adequate instructions to buyers on the proper use of the product. 3. Errors in manufacturing, handling or packaging of the product. The breach of duty is the most difficult form of negligence to prove. The large number of handlers in the process of manufacturing and packaging a...
Words: 1124 - Pages: 5
...THE EXCLUSIONARY RULE Geoff Moore LSTD503 CRIMINAL JUSTICE PROCESS The Exclusionary Rule In 1763, William Pitt spoke in front of Parliament. In that speech he stated that the King of England cannot enter with all his forces. It can be said that the American colonists went to war, the Revolutionary War, with England to stand up for their rights. One of those rights was the protection from illegal searches and seizures. When the Congress debated on the wording of the Fourth Amendment, they had an extreme importance of needed protection from government encroachment. The Fourth Amendment to the United States Constitution was designed and written specifically to protect citizens from illegal searches and seizures: “The right of the people to be secure in their persons, houses, papers, and effects, against unreasonable searches and seizures, shall not be violated, and no Warrants shall issue, but upon probable cause, supported by Oath or affirmation, and particularly describing the place to be searched, and the persons or things to be seized.” [1] The exclusionary rule excludes evidence that was collected from an illegal search from being presented to convict someone of a crime. It is asserted to reject illegitimate police behavior by not allowing unlawfully seized evidence from being allowed in court. [2] When defense lawyers use the exclusionary rule, properly, it consistently damaging the district attorney’s case. This is why the officers are constantly being...
Words: 4522 - Pages: 19
...One of the viewpoints was that it was unconstitutional to deny somebody’s request to be appointed an attorney. The Florida Supreme Court could relate Gideon’s case to Betts v. Brady (1942). Betts went through a situation practically identical to Gideon’s. While Betts claimed only being denied the right or the Fourteenth Amendment, Gideon claimed that he was being denied the right to the fourth amendment, Fifth Amendment, and the fourteenth amendment. The opposing viewpoint claimed that Gideon did not need to be appointed an attorney. For one, he was being charged for a misdemeanor under the Florida law and you could only be appointed legal assistance if you committed a capital offense. And it was also said that as long as the person being trialed was on their “right mind”, they didn’t need a...
Words: 532 - Pages: 3
...A Code of Ethics Nathan Johnson CRJ306 : Criminal Law & Procedure Instructor: Justin Lawrence July 09, 2015 A Code of Ethics A base principle of a functioning society is the existence of a code of ethics. The ethics within a community govern the appropriate actions and values for its members. The correct conduct is conformity to the supported ethical behavior chosen by the leaders of the populace. Without the rules for acceptable behavior, a community becomes susceptible to harsh conditions and mayhem. The laws of ethics are responsible for the founding of the criminal justice system. It is noting the difference between right and wrong, and enforcing the behaviors deemed acceptable, while penalizing those that are offensive. Ethics within the criminal justice system allows societies to finely draw and define the line between good and evil, for the best of the community. Ethics aid tin the application of the criminal justice process. It provides guidance through the criminal procedure in accordance with societal norms. It is more than just the relationship between a community and their law enforcement, because in actuality it defines the morality of intentions, along with a just punishment for violators. Though ethics are a tool used by the criminal justice system to keep order, they are also what control the interactions between a community and its law enforcement. When societal ethics and these interactional ethics are mutually agreed upon, this makes way for cooperative...
Words: 1016 - Pages: 5
...Monday 6pm April 15, 2013 The Costitution A.K.A the "supreme law of the land," Is the most important Developement in American Constitutional thinking to take place during 1776-1787. The constitution was concerned in developeing a new way of government. In 1776 a constitution was not in place, And simply calling a document a constitution did not make it legally distinct from any ordinary legislation. A constitution is the body of rules in accordance with which the powers of a government are distributed and excersised. How did the U.S. come to have writen the constitution? There are three Charters that influenced this. Firstly, the influene of the colonial charters. Secondly, was the church covenants, and Thirdly the influence of english precedent, these developed a habit of drawing up constitutional documents for purpose of placing limitations on the king or the government.(Hutchinsons,2) The general court later wrote a new constitution to replace the Royal Charters. The general Court agreed to a convention, Which purpose was only to write a constitution. After the writing of the constitution a Convention was then set up to allow the people of Massachussetts to overlook this set up a two part process, Framing and ratification by the people that the writers of Constitution followed. The preamble was revised up until the last days...
Words: 3346 - Pages: 14
