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Miranda rights and how it's changed the criminal law system essays
The orgin of the fifth amendment
Miranda rights and how it's changed the criminal law system essays
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Can the state try you twice for the same crime? Well that is where Double Jeopardy comes in under the protection of the Fifth Amendment. Double Jeopardy basically means that the court can’t find a defendant guilty for the same crime twice. There are several reasons why there is double jeopardy protection. First to protect that person from financial, emotional and social repercussions.
I also lay out important realities of the law, including how it is being used, and examine whether the intrusions it imposes on American citizens are reasonable. I also discuss the backlash against the law. I conclude with a discussion on the likely future of the law and implications of the law for the criminal justice discipline. The main purpose of the paper is to thoroughly summarize and critically analyze the USA PATRIOT Act, for the benefit of those working in the discipline of criminal justice – who have, as of the current day largely ignored the law. The USA PATRIOT Act stands for "Uniting and Strengthening America by Providing Appropriate Tools Required to Intercept and Obstruct Terrorism.
The creation of the United States and the colonies that came before, brought about many legal traditions and precedents. Among these legal traditions and precedents, is an essential precedent present in all interrogation related proceedings and court ones—the Miranda warning. When an individual is detained, they may be subjected to an interrogation by designated officials. During an interrogation certain rights are guaranteed to an individual through the provision of the Bill of Rights to prevent self-incrimination and the historical precedent established before it. However, in certain situations, these rights were not always guaranteed as they should’ve been.
Our founding fathers created the Bill Of Rights which are the first ten amendments to the Constitution of the United States. One of the most important amendments is the Fourth Amendment. It states “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”(p. 11). What are our founding fathers were trying to do is keep our country from a police state, a state in which law enforcement could enter our homes without probable cause. This protection provides the citizens of the
Prior to the Patriot act a search warrant was needed, after the Patriot Act a search warrant is no longer required for agents to employ surveillance “…when looking into the full range of terrorism-related crimes,” (Dept. of Justice). The Patriot Act allows federal officials to gather information for suspected terrorist activity without needing to have evidence. In addition to this, Howard Ball observed that in the seventh title of the Patriot Act information is able to be shared between federal, state, and local law enforcement (52). Banks and Tauber analyzed federal district court decisions on cases regarding the Patriot act and they found, “[T]hey [district courts] are not inclined to protect civil rights and liberties during times of domestic or international conflict.” They continue to note that judicial ideology does not affect the outcomes of these cases, that civil-libertarian interest groups make a deferential decision less likely, and that if a more conservative Senate and president are in power a deferential decision is more
“The Fourth Amendment says that you have an expectation of privacy in your home and person (body). The government cannot search you, your home, or belongings without a good reason.” (Background Essay). But, through the years the government has invaded the protection the Fourth Amendment has given to society. For example, “Federal agents put a bug- a device that allowed them to listen to the conversations” (Doc A).
The outcome of this case made sure that every person who was arrested and put under the custody of the police had to read their Miranda rights and therefore made known of their Fifth Amendment rights. This case would change the procedure of every legal arrest from that point on, and ensure that any person under the custody of the police would be fully aware of their
In the name of national security, the government has implemented measures that infringe upon individual freedoms and rights. The USA PATRIOT Act, for instance, granted authorities broad powers to conduct surveillance and wiretapping without sufficient oversight, undermining Fourth Amendment protections against unreasonable searches and seizures. Moreover, the expansion of the No-Fly List and watchlists has led to numerous cases of mistaken identity, resulting in innocent individuals being subjected to unwarranted scrutiny and discrimination. Additionally, the indefinite detention of suspected terrorists without trial at Guantanamo Bay and other undisclosed facilities has raised serious concerns about due process and the right to a fair trial.
This paper will discuss how to balance out civil liberties and security in intelligence activities; mainly surrounding the topic of the USA PATRIOT Act of 2002. With this topic and its perceived downfalls, identifying how to make both sides work efficiently will be discussed. Discussion When asked the question of “how can the United States balance civil liberties and security in intelligence activities?” the thought of the USA PATRIOT Act comes into mind; for two reasons. The first one is it caused a enormous uproar in the community after it was enacted based upon the fact it was perceived to infringe on civil liberties.
The reason I think the Miranda right is important is because it’s protects people from police misconduct. It’s also intended to protect the guiltily as well as the innocent in whatever crime your faces. By reading that warning you are protected at all cost. Once that warning has been read to you, and you are told that you have the right to remain silent or a lawyer. Under no circumstances anyone can force you to talk unless your lawyer is there, and or you just want to confess.
The problem arose when the police officers said they had not advised Miranda of his right to an attorney. Miranda’s lawyer was concerned that his Sixth Amendment Right had been violated. This case was noticed by the ACLU and was taken to the Supreme Court. This case raised issues within the Supreme Court on the rights of Criminal Defendants.
The book describes the Miranda Rights, which are the legal rights that a person under arrest must be informed before they are interrogated by police. If the arresting officer doesn’t inform an arrested person of his Miranda Rights, that person may walk free from any chargers. The book also talks about double jeopardy, double jeopardy is the right that prohibits a person from been tried twice for the same crime. In other words if a person is found innocent and sometime later new evidence surface that can incriminate him with the crime that he is “innocent” he cannot be charged for that same crime. The book also mentions self-incrimination, which is the right that no citizen will have to be a witness against himself.
The rules that officers must do to arrest a suspect are designed to protect their physical safety and also to avoid making a legal mistake that can lead to ruining the prosecution 's trial case. During the time of the arrest the cops are to read out the suspects Miranda rights. The Miranda rights were done in the U.S. supreme court ruling Miranda v. Arizona which set the rights to remain silent, and anything that you say can be used against you in a court of law etc (Miranda rights). Police Officers violate people 's rights by unreasonable searches through their houses or pulling them over. In a matter of fact, they have to have a reason why they stopped you and need a warrant issued for searching you.
Why is it Important for people being questioned to have their Miranda Rights? Miranda Rights we use them every day. People have a Right to remain silent. Miranda Rights are in our daily routine. Criminal suspects In police custody. It's part of everyday life and situations.
In this section, we will discuss the role of the police and why they do not have a good reputation when it comes to the protection of human rights .The law in the United States of America establishes that one of the reasons for allowing the search and arrest of a "probable cause", this rule with no doubt was enacted to protect the citizen and preserve his or her privacy and dignity from violating and infringing with his or her rights. However, the problem here is that there is no clear limit or definition of what exactly is a probable cause to search and arrest as a result, this lack of specificity here has led to many violations of individuals rights, albeit inadvertently. On the other hand, it is difficult to define what is considered to be a probable cause, it is impossible to include all the reasonable reasons in one
