American Government
When accused of a crime in the United States of America we have many rights protecting us so that we are innocent until proven guilty. These rights include our fourth, fifth, and sixth amendments of the Constitution. Our fourth amendment protects us from illegal search and seizure of our properties. Our fifth amendment protects us from being accused of any capital crime without being tried in front of a grand jury. The fifth amendment also includes the right of due process which is our right to be treated fairly through a trial process. The sixth amendment protects the rights for a speedy and public trial and also gives us rights as the accused within the courtroom. All of these rights are there to protect us against any …show more content…
The fourth amendment is a very important right that we obtain because this gives us the people protection from the authorities taking it upon themselves to go into or homes or properties to gather information at any given time. An example of an illegal search and seizure would be in the case of “Florida v. Jardines”. (Florida) In 2006 Detective William Pedraja whom was working with the Miami-Dade Police Department had received a tip that Joelis Jardines was growing marijuana in his home. A month or so later the Detective and the DEA went to Jardines home and set up a watch of the home for only 15 minutes …show more content…
Due process is fair treatment through the legal process against any defendants accused of a crime. In the case of “Miranda v. Arizona”, Miranda was treated unfairly by not being told his rights to council, right against self-incrimination, and is right to remain silent given to him by the Constitution. If the right of due process is violated like any other right of the people, the ruling will almost definitely go in the favor of the defendant that was
When accused of a crime in the United States of America we have many rights protecting us so that we are innocent until proven guilty. These rights include our fourth, fifth, and sixth amendments of the Constitution. Our fourth amendment protects us from illegal search and seizure of our properties. Our fifth amendment protects us from being accused of any capital crime without being tried in front of a grand jury. The fifth amendment also includes the right of due process which is our right to be treated fairly through a trial process. The sixth amendment protects the rights for a speedy and public trial and also gives us rights as the accused within the courtroom. All of these rights are there to protect us against any …show more content…
The fourth amendment is a very important right that we obtain because this gives us the people protection from the authorities taking it upon themselves to go into or homes or properties to gather information at any given time. An example of an illegal search and seizure would be in the case of “Florida v. Jardines”. (Florida) In 2006 Detective William Pedraja whom was working with the Miami-Dade Police Department had received a tip that Joelis Jardines was growing marijuana in his home. A month or so later the Detective and the DEA went to Jardines home and set up a watch of the home for only 15 minutes …show more content…
Due process is fair treatment through the legal process against any defendants accused of a crime. In the case of “Miranda v. Arizona”, Miranda was treated unfairly by not being told his rights to council, right against self-incrimination, and is right to remain silent given to him by the Constitution. If the right of due process is violated like any other right of the people, the ruling will almost definitely go in the favor of the defendant that was