Every citizen of the United States (U.S.) has been afforded rights and protection, even from its own government. Our forefathers wrote an important piece of the U.S. framework and development in the U.S. Constitution. Within the U.S. Constitution has the first ten amendments, better known as the Bill of Rights. These very ten amendment has the very civil rights and protections for all citizens. While all are very important in their own respect, the Fourth, Fifth, and Six can be and should be considered the most important. The Fourth, Fifth, and Six Amendments are very important they protect every single U.S. citizen from the government, providing insurances of rights to privacy, against self-incrimination, and due process.
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Due process is a very important aspect in the trial of a defendant of a crime as is the ability for due process, self-incrimination, and right to his or her property. The Fifth Amendment to have protections for people who were suspected of committing criminal acts and upon arrest, were not simply “thrown away without the key.” “The right was created in reaction to the excesses of the Courts of Star Chamber and High Commission—British courts of equity that operated from 1487-1641. These courts utilized the inquisitorial method of truth-seeking as opposed to the prosecutorial, meaning that prosecutors did not bear the burden of proving a case, but that sufficient "proof" came from browbeating confessions out of the accused.” …show more content…
Whereas the Fourth Amendment uses probable cause to set up if a crime is, has, or is about to occur and an arrest can be made. Then the Fifth Amendment comes into play, with the questioning of a person who has been arrested and the rights to the arrested person, specifically the reading of Miranda Rights. In 1966, Ernesto Miranda’s civil rights from the Fifth and Sixth were found to have been violated during the investigation and following interrogation. The Supreme Court determined that anyone who is in custody and being questioned needs to be read his or her specific rights, which included: “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. If you cannot afford an attorney, one will be provided for you. Do you understand the rights I have just read to you? With these rights in mind, do you wish to speak to me?”
Due process is a very important aspect in the trial of a defendant of a crime as is the ability for due process, self-incrimination, and right to his or her property. The Fifth Amendment to have protections for people who were suspected of committing criminal acts and upon arrest, were not simply “thrown away without the key.” “The right was created in reaction to the excesses of the Courts of Star Chamber and High Commission—British courts of equity that operated from 1487-1641. These courts utilized the inquisitorial method of truth-seeking as opposed to the prosecutorial, meaning that prosecutors did not bear the burden of proving a case, but that sufficient "proof" came from browbeating confessions out of the accused.” …show more content…
Whereas the Fourth Amendment uses probable cause to set up if a crime is, has, or is about to occur and an arrest can be made. Then the Fifth Amendment comes into play, with the questioning of a person who has been arrested and the rights to the arrested person, specifically the reading of Miranda Rights. In 1966, Ernesto Miranda’s civil rights from the Fifth and Sixth were found to have been violated during the investigation and following interrogation. The Supreme Court determined that anyone who is in custody and being questioned needs to be read his or her specific rights, which included: “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. If you cannot afford an attorney, one will be provided for you. Do you understand the rights I have just read to you? With these rights in mind, do you wish to speak to me?”