Constitutional Amendment and Miranda October 28, 2015
Argosy University, Atlanta
Hicks, Sandra, Student
Constitutional Amendment and Miranda
The Supreme Court case law makes up the majority of what is called, The Constitutional Law and according to the rule of stare decis, the judges must make decisions that are directed by cases that were previously settled.
The Bill of Rights and its’ amendments to the Constitution were developed to protect the rights and the freedom of every individual in the United States. The Constitutions and Miranda Law is a major factor of Interrogation and Interviewing. It truly dictates that protection and the legality of the interview …show more content…
According the U.S Constitution a suspect Sixth Amendment is right to counsel is that any evidence obtained through such a violation cannot be used in court. The Constitution Amendment states:
In all criminal prosecutions, the accused shall enjoy the right to a speedy and public trial, by an impartial jury of the State and district wherein the crime shall have been committed, which district shall have been previously ascertained by law, and to be informed of the nature and cause of the accusation; to be confronted with the witnesses against him to have compulsory process for obtaining witnesses in his favor, and to have the Assistance of Counsel for his defense.
The Sixth Amendment objects to law enforcement officers from deliberately eliciting incriminating information from a suspect if there is no attorney present after a formal criminal charge against the suspect has been filed (Massiah v. U.S 1964). This means that regardless of the time or place and officer cannot questioned the suspect without his attorney about a crime for which he or she has been …show more content…
However, the interrogator can interrogate the suspect about unrelated crimes.
Fourteenth Amendment
A person’s rights, privileges, citizenship; as well as due process and equal protection is considered, The Fourteenth Amendment. This Amendment prohibits the states from denying any U.S citizen the rights that are guaranteed to them under the U.S Constitution. These rules are equally applied through federal and state police officers action. The Fourteenth Amendment states:
All persons born or naturalized in the United States and subject to the jurisdiction thereof, are citizens of the United States and of 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 with due process of law; nor deny to any person within its jurisdiction the equal protection of the laws.
The Exclusionary
Argosy University, Atlanta
Hicks, Sandra, Student
Constitutional Amendment and Miranda
The Supreme Court case law makes up the majority of what is called, The Constitutional Law and according to the rule of stare decis, the judges must make decisions that are directed by cases that were previously settled.
The Bill of Rights and its’ amendments to the Constitution were developed to protect the rights and the freedom of every individual in the United States. The Constitutions and Miranda Law is a major factor of Interrogation and Interviewing. It truly dictates that protection and the legality of the interview …show more content…
According the U.S Constitution a suspect Sixth Amendment is right to counsel is that any evidence obtained through such a violation cannot be used in court. The Constitution Amendment states:
In all criminal prosecutions, the accused shall enjoy the right to a speedy and public trial, by an impartial jury of the State and district wherein the crime shall have been committed, which district shall have been previously ascertained by law, and to be informed of the nature and cause of the accusation; to be confronted with the witnesses against him to have compulsory process for obtaining witnesses in his favor, and to have the Assistance of Counsel for his defense.
The Sixth Amendment objects to law enforcement officers from deliberately eliciting incriminating information from a suspect if there is no attorney present after a formal criminal charge against the suspect has been filed (Massiah v. U.S 1964). This means that regardless of the time or place and officer cannot questioned the suspect without his attorney about a crime for which he or she has been …show more content…
However, the interrogator can interrogate the suspect about unrelated crimes.
Fourteenth Amendment
A person’s rights, privileges, citizenship; as well as due process and equal protection is considered, The Fourteenth Amendment. This Amendment prohibits the states from denying any U.S citizen the rights that are guaranteed to them under the U.S Constitution. These rules are equally applied through federal and state police officers action. The Fourteenth Amendment states:
All persons born or naturalized in the United States and subject to the jurisdiction thereof, are citizens of the United States and of 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 with due process of law; nor deny to any person within its jurisdiction the equal protection of the laws.
The Exclusionary