...“I plead the 5th” is a statement that most people only hear on television crime dramas, but it remains many Americans’ only knowledge of the 5th Amendment to the Constitution. It receives far less attention then the fierce political debates that rage around the 1st or 2nd Amendments. The common impression of the amendment is that it only exists to protect criminals from prosecution.1 Yet the protections it provides apply to all citizens of the United States and remain just as important now as when the founding fathers wrote the amendment 226 years ago.2 It is also one of the most directly relevant to Army officers in their roles as commanders or appointed investigating officers. The 5th Amendment’s historical foundation and the fundamental rights it guarantees continue to be critical to the freedoms Americans enjoy in the modern world. The full text of the 5th amendment reads “No person shall be held to answer for a...
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...5th Amendment Right to be Free of Self-Incrimination Let me first begin by explaining the 5th Amendment. According to the 5th Amendment of the U.S. Constitution, “No person shall be held to answer for a capital, or otherwise infamous crime, unless on a presentment or indictment of a Grand Jury, except in cases arising in the land or naval forces, or in the Militia, when in actual service in time of War or public danger; nor shall any person be subject for the same offense to be twice put in jeopardy of life or limb; nor shall be compelled in any criminal case to be a witness against himself, nor be deprived of life, liberty, or property, without due process of law; nor shall private property be taken for public use, without just compensation.” In summary, the 5th Amendment protects individuals from self-incrimination. Next let me briefly explain the Miranda v. Arizona case. In 1963, Ernesto Miranda was arrested for kidnapping and rape. After several hours of being interrogated, Miranda finally confessed and agreed to sign a written statement that included a typed disclaimer stating he had full acknowledgement of his legal rights to include understanding that any statements can be used against him and that he voluntarily waived his rights. In actuality, Miranda did not have an attorney present during his questioning, or at his preliminary hearing. The fact that he was not even aware that he had the right to consult with an attorney prior to his court appearance violated...
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...Running head: WARREN VERSUS REHNQUIST COURTS Warren versus Rehnquist Courts Michael Walker Park University Abstract The criminal justice system is greatly shaped by the civil rights safeguarded under the Bill of Rights. The court jurisprudence with regard to national security and civil liberties largely revolves around the provisions of the Bill of Rights (Baker, 2003). This paper discusses Chief Justices Earl Warren and William Rehnquist’s significant decisions and the effects they had on the balance between social order maintenance and individual liberties. Warren versus Rehnquist Courts Earl Warren held the position of Chief Justice between 1953 and 1969. He led a liberal majority, who utilized the judicial authority to consternate their conservative opponents. The Warren Court promoted the federal power, judicial power, civil liberties, and civil rights in a dramatic fashion. The Rehnquist Court, on the other hand, took a conservative approach in criminal justice (Pollak, 1979). The most significant case that the Warren Court decided with regard to civil liberties was Brown v Board of Education of Copeka, Kansas (1954). The court unanimously ruled that there is no place for the doctrine of separate but equal doctrine in the sphere of public education. The Warren Court demonstrated its value for liberalism and activism. The view of the Warren Court was that states are a hindrance in the enhancement of a just nation. In the sphere of criminal procedure and...
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...“You have the right to remain silent. Anything you say can and will be used against you in a court of law. You have the right to an attorney…” This is what you hear on all your favorite cop shows. But where did this saying come from? Throughout history, the U.S criminal justice system has always relied on the due process of law to ensure fair treatment in the judicial system. Authority figures work tirelessly and endless hours to follow regulations to assure only criminals are convicted. These regulations, have been a part of the justice system since its creation in 1791, which ensures the equal protection of life, liberty, and property to all citizens -- a citizen’s entitlement. However, in the 1960s, the view that crime must be...
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...Chapter 5 The U.S. Constitution sets the framework for the U.S. government, establishing a system of government that divides power between the federal government and the states It establishes a system of government based on the principle of federalism, where power is divided between a central authority and constituent political units The 10th Amendment to the Constitution states that all powers that the Constitution neither gives exclusively to the federal government nor takes from the states are reserved for the states Federal legislation that affects business must be based on an expressed unconditional grant of authority The Constitution also allocates power of the federal government among three branches of government First three articles of the Constitution establish the legislative, executive, and judicial branches; they’re independent branches of the federal government Constitution ensures that each branch maintains a separate sphere of power to prevent any one of them from obtaining undue power and monopolizing government control Constitution also establishes a system of checks and balances Each branch’s powers keep the other branches from dominating the government Constitution does not explicitly allow courts to review legislative and executive actions to determine whether they are constitutional, but early common law established a process called judicial law Judicial law is the power of a court to review legislative and executive actions, such as a law or...
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...The United States Bill of Right is known to be the first ten amendment of the United States Constitution. It serves to provide protection to the rights of liberty and property basically it provides freedom to individuals personally. The amendment was produced by James Madison to the first United States Congress as a legislative article. This Bill of Right plays an important role in American Law and is a vital symbol of the freedom and culture of our nation. The Fourth amendment to the United States Constitution is the part of the Bill of Right which guards against unreasonable searches and seizures alongside with obtaining any warrant supported by probable cause. The Fifth Amendment protects against abuse of government authority in a legal procedure. The 5th Amendment to the US Constitution was passed by ratified on December 15, 1791 as part of the Bill of Rights. In the Fifth Amendment no person shall be held to capital to answer unless on a presentment of a Grand Jury. The Sixth Amendment to the United States Constitution is what sets forth rights in the prosecution of criminals. In a criminal prosecution the accuser have the right to a speedy and public trial. The accused has the right to know what they are been charged for and why they are been held in jail. They also have the right to know who is saying that they've committed the crime, and the right to ask them questions. The Eight Amendment to the United States Constitution protects against excessive bail and cruel...
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...America is supposed to be the land of the free. Where all walks of life can come to this country and have a promising lifestyle, jobs, economic income, and be offered an abundance of opportunities that can help enhance their lives, and with that it comes with rights as an American citizen. The U.S Constitution consist of the Preamble, Articles one through seven and the Amendments, which are rights that are supposed to protect all Americans citizens for whichever gender, class, or ethnicity. As citizens of this country we should know our rights and use them to protect, and educate ourselves. What is the U.S Constitution? The Constitution is what creates the government and gives power among the representatives and the people. It provides us rules and regulations so no one can abuse their power, or gain too much. What are our rights? Our rights as citizens we’re allowed to mole this country as a democracy and unite one another to better the lives of the people. We can do this by voting not just men but women also which is the 13th Amendment. In the years 1848-1920, women struggled being heard, taken serious, and taking a position man would usually do was unheard of. So, when the 13th Amendment was created that was the jump start of new opportunities for women and they finally got recognized for their achievements and...
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...Right to Counsel Dimitria Jackson CJA/ 364 Criminal Procedures May 22, 2012 Michael Harrison Right to Counsel One of the most important rights awarded to the accused is the right to be represented by an attorney. Most individuals accused of a crime will most likely not have an adequate defense without the assistance of counsel. The development of the right to counsel in the twentieth century focused on the issue of whether the state had to pay for attorneys for individuals what are indigent or to poor to pay. Because of Powell v. Alabama, the Court found that in particular cases, state courts had to provide free counsel to criminal defendants. In addition, the right to counsel attaches at the initiation stage of the criminal proceedings. Separate from the Sixth Amendment right to counsel and prior to the initiation stage, an individual has a Fifth Amendment right to counsel during custodial interrogation as well. Zalman (2008) stated “Counsel is required at a pretrial proceeding if it is one in which factual determination can be made that could determine the outcome of the case and in which a lawyer plays a significant role” (p. 337).The adversarial nature of the trial process makes even routine cases dependant on trained, competent lawyers. A defendant without counsel is at an extreme disadvantage. Development of the Right to Counsel In the past, the right to counsel meant the right to retain counsel; that is, if the defendant could afford an attorney, he had the...
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...College Miranda v. Arizona Every time someone is arrested the police officer reads them their right, which was not always the case. They read as followed "you have the right to remain silent anything you say can and will be used against you in the court of law. You have the right to an attorney, if you can't afford one, one will be provided to you." But why do the officers have to remind the people of their rights, because of the Miranda v. Arizona case. Before the Miranda v. Arizona case people were not reminded or even aware that they had such rights. In the 1963 Ernesto Miranda was arrested for kidnap and rape. He was accused of kidnapping and raping a young girl and when the officers arrested Miranda and then the victim identified him. After the trial was done Miranda was found guilty because after being interrogated for a couple hours he confessed to the crime not knowing that the 5th amendment states you don't have to plead guilty if you do not want to. That is what self incrimination is, for example when Miranda was being asked about the crime he did not have to answer he could of just said he plead the 5th and said he wanted to wait for an attorney to both consult him and be with him while he was being interrogated. If Miranda would have known that he had that right he probably would not have incriminated himself. Miranda was also known to have some mental problems and only had a 9th grade education, so not...
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...The Warren Court left an unprecedented legacy of judicial activism in the area of civil rights law as well as in the area of civil liberties—specifically, the rights of the accused as addressed in Amendments 4 through 8. In the period from 1961 to 1969, the Warren Court examined almost every aspect of the criminal justice system in the United States, using the 14th Amendment to extend constitutional protections to all courts in every State. This process became known as the “nationalization” of the Bill of Rights. During those years, cases concerning the right to legal counsel, confessions, searches, and the treatment of juvenile criminals all appeared on the Court's docket. The Warren Court's began with the case of Mapp v. Ohio, which was the first of several significant cases that re-evaluated the role of the 14th Amendment as it applied to state judicial systems. In a 6-3 decision, the Court overturne the conviction, and five justices found that the States were bound to exclude evidence seized in violation of the 4th Amendment. The 4th Amendment sets the standards for searches and seizures by law enforcement officials in the United States, the Court noted, and the 14th Amendment requires judges to uphold those standards in every State. Evidence gained by an illegal search became inadmissible in State courts as a result of the decision. The “Mapp Rule” has since been modified, so the exclusionary rule is no longer as absolute as when first handed down in Mapp. Critics of...
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...Written assignment #1 Written Assignment # 1 Written Assignment # 1 List several powers of the legislative, executive, and judicial branches of Government. 1. The Executive Branch of the Government is listed as the Office of the President of the United States, the Vice President of the United States and the elected cabinet members of the Department heads of the 15 major departments of the United States. The primary powers of this branch are as follows: The president can call for a special election when a state representative vacancy presents itself. Make senate appointments in light of resignation until the next assembly. The vice president holds the office of president of the senate; but without a vote; unless there is a tie. The President has the power of approval or veto of bills presented by congress. The President is the guardian of the Constitution. The President presides as The Commander In Chief of the armed forces. He has the power to grant pardons. He has the power to make treaties if ratified by 2/3 majority of congress. He has the power to appoint ambassadors and departments of state, and to appoint Justices to the Supreme Court. The President may also convene either or both houses or adjourn them as he sees fit. 2. The Judicial Branch of Government is made up of the Supreme Court. Federal courts enjoy the sole power to interpret the law, determine the constitutionality of the law, and apply it to individual cases. It also...
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...certain rights of the Bill of Rights. States are not given such protections as they are not in the same class as the defendant. The Bill of Rights is for all persons in these United States. Corporations also have this protection. In the time of this countries creation the Constitution was not complete without the protections of the Bill of Rights. This Bill was created to keep the governments in check in respect to the people who gave them the power to operate. Since the Bill of Rights was created in 1791 it had to be added or incorporated into the States relations with its citizenry, the original version was for the federal governments dealing with State Citizens. Knowing that tyranny was only a step away from that in power or in commerce this Bill has the power to keep the authorities in their respective place and adhere to the rules of procedure. Criminals have certain protections of the bill of Rights also, as they are citizens of the several States or the Federal government, being under the protection of this document it affords them a myriad of guarantees that a State cannot use. The most important right given is the right to remain silent which is the 5th Amendment. This is important because the authorities will use what is stated by a defendant against him or her with no regard as to the effect it will have on the case or whether it is prejudicial, they will use all information gathered against the defendant. Most criminals when arrested do not invoke this right and...
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...Due Process Paper Cynthia Casillas CJA224 February 8, 2012 Carl Heintz Due Process Paper The establishment of the United States Constitution was a monumental time in countries history. Individual liberties and rights are the characteristics which identify America among the rest of the world. In addition, the rights and freedoms of the countries residents is equally if not more important. The legal system of the United States is based on an adversarial; meaning that event through legal prosecution, the individual rights of the defendant is still protected by the system. Due Process is a concept which applies to both the accused and the party which is against the accused. The adversarial system states that the battle throughout the case between the state and the defense, the truth will ultimately prevail and justice will be served. Although the result of the case will remain lawful, it’s important for the competition between the two parties to remain lawful as well. Furthermore, it’s very important for the constitutional rights of the defendant to remain intact throughout the entire criminal procedure process. Due Process and the Rights of the Accused: The Criminal Procedure Process There must be an individual who has sufficient evidence to present in court which establishes a crime was committed by the defendant, is in progress, or will take place before entering the criminal justice system. Without probable cause an arrest cannot be made, and crimes would go unsolved...
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...begins with investigation. After a crime has been discovered, evidence is gathered at the scene when possible, and a follow up investigation attempts to reconstruct the sequence of activities. Although a few offenders are arrested at the scene of the crime, most are apprehended later. In such cases, an arrest warrant issued by a judge provides the legal basis for an apprehension by police. An arrest, in which a person is taken into custody, limits the offender's freedom. The Arrest is a serious step in the process of justice. Most arrests are made peacefully, but if a suspect tries to resist, a police officer may need to use force. During arrest and before questioning defendants are advised to the constitutional rights, also known as their Miranda rights. The criminal justice procedure begins with arrest, followed by the booking of suspects, arraignment, preliminary hearing, grand jury trial, pretrial hearings, the criminal trial, followed by sentencing. In this paper, I am also going to discuss constitutional protections for the defendant as well as those in place to protect society as a whole. Following arrest, suspects are booked. During booking, which is an administrative procedure, pictures are taken, fingerprints are made, and personal information such as address, date of birth, weight, and height are gathered. Details of the charges are recorded, and an administrative record of the arrest is created. At...
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...easily obtain subpoenas for access to information records. The government is wrongly suspecting everyone of being involved in terrorist activity. However, this act contradicts the 4th Amendment of the US Constitution, which states that everyone has a right to secure their own property against unreasonable searches and seizures, defined by a lack of probable cause and warrant. The Patriot Act allows officials to bypass warrants when obtaining information, violating every citizen’s constitutional right to privacy. Since the terrorist attack of September 11, 2001, the Patriot Act: Section 215 was updated in hopes of decreasing terrorism by strengthening domestic security and expanding the powers of the bureaucratic agencies. This act give the government too much power and threatens civil liberties of its people. Section 215 allows agencies to conduct surveillance by intercepting, sharing, and using electronic communications for criminal investigations without consent (Patriot Act). These procedures are set forth in hopes of intercepting on foreign powers and communications related to terrorist activity. This act violates the rights set forth in Constitution. Although the U.S. Constitution contains...
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