ranging from the ages of 13-15 are not being told their Miranda rights as well as their 5th amendment rights, which were violated. As the leader and head of this town, it is essential that our youth feel safe and are protected in our town. However, in order to do so we need to have and pass legislations that will secure the rights of the youth in our town. There is a piece of legislation that states“it would prohibit the police from interrogating any child under the age of 16 without the…
Western society 's desire for equal and fair representation in regards to the legal system. When the Founding Fathers of the United States of America were forming the Constitution, fair representation, for white males, was of great importance. This is a continuing theme throughout the ever-developing American society and can be seen in the amendments made to the Constitution. The 1966 Supreme Court decision of Miranda v. Arizona under Chief Justice…
the most well known court decisions in America, which requires Miranda warning be read to a suspect by law enforcement (Hall, 2014). Miranda warnings regulate interrogations, confessions, and admissions. These are also protected by the Fifth and Sixth Amendments, which give people the right from self-incrimination and the right to council respectively (Hall, 2014). The right of self-incrimination is the basis for having the Miranda warnings, which also notify a suspect they are entitled to…
There area series of policies that we need to follow in order to make an arrest. We need to follow the legal procedures in order to be able to arrest someone and take their freedom away from them. People have the right to just walk away from us if they don’t want to talk to us if they haven’t created a crime. In other words if we just randomly walk up to someone they don’t have to stay and talk to us. Miranda VS. Arizona was a case that changed the procedures on arresting anyone.…
Do I think the 5th Amendment protects someone’s refusal to answer police questions when he hasn’t been arrested or read his rights? In my opinion, no, the 5th Amendment does not protect you from questioning. The judges over the Salinas v. Texas court case decided that the 5th Amendment's advantage against self-incrimination doesn’t work for people who just decide to silence themselves while being questioned. You have to claim your 5th amendment right to be able to use it. That way, the…
The U.S. Constitution was established to give an understanding of the principles and the laws of the nation. The U.S. Constitution contains twenty-seven amendments. The first ten amendments are known as the Bill of Rights. The Bill of Rights was created to protect rights of citizens of the United States and balance the power of the government. The four amendments of the Bill of Rights that deal with criminal procedure are the Fourth, Fifth, Sixth, and Eighth Amendments. (Neubauer & Fradella,…
The first constitution is known as the Articles of Confederation. The issue with the United States constitution was that, it constrained the administration and did give individual rights. Numerous Americans needed an official archive containing their rights, so the President could not roll out any improvements to the law on account of their own needs or property. The record gave more prominent sacred insurance to the freedom of a person. As Americans we are given sure "freedoms" that different…
exclusionary rule works with the Fourth and Fifth Amendments to protect the people from law enforcement overstepping their boundaries. Security is crucial to human performance. In order for democracy to function correctly, the people must feel safe. The Fourth Amendment works to build American sense of security by protecting…
and debate whether exclusionary rule deter police misconduct. The exclusionary rules outline legitimate way of collecting evidence and forbidden evidence in violation of the Constitution. The purpose of the exclusionary rules is to "discourage police from circumventing protection housed within the Fourth and Fifth Amendment…
“Freeze! put your hands up”. The purpose of the Miranda rights is to safeguard the Constitutional rights of each citizen of the United States of America.The fifth amendment of the Constitution in particular protects the person from incriminating themselves. Imagine if you got arrested and the fifth amendment is not read to you. “Have you been to jail? ‘No?’ Well now you are going there.” Do you ever fear you’re going to jail for no reason without warrant of arrest or trial by jury? How would you…