Fifth grade

also has the right to speak to an attorney. These rights became a part of the Fifth and Six amendments that already existed in our U.S. Constitution. The Fifth Amendment says that no one can be accused of a crime unless a grand jury decides that there is enough evidence to charge a person for a crime in court. The defendant has a choice to testify or not to testify. If they choose to testify, the defendant loses his Fifth Amendment privilege and must answer the questions asked. However, at the…

in-custody interrogation is psychologically rather than physically oriented,” giving custodial interrogations by the police as an example. The police must ensure that defendants are aware of their rights before they are questioned, backed up by the Fifth Amendment. They also decided that any statements made by defendants during a custodial interrogation in which the defendant has not been read his “Miranda rights” do not count in any court. Although, Justice Harlan, in the dissent, argued that…

children and adults are held to different standards in the courts, and juveniles have their own separate rules and regulations needed to be followed by the judicial system. Juveniles under the age of 16 should be entitled and protected under the fifth amendment. It is crucial that the legislation is passed prohibiting police to interrogate juveniles under the age of 16. This would help juveniles have a sense and understanding of the legal system because a parent knows what’s child best. The…

“No freeman shall be taken, or imprisoned, or outlawed, or exiled, or in any way harmed, nor will we go upon him nor will we send upon him, except by the legal judgement of his peers or by the law of the land” (The Magna Carta). Clause thirty-nine of the Magna Carta, written in 1215, establishes 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,…

The United States has attempted to make efforts through trial and error to enact rules and regulations in order to protect and govern its citizens. The sole purpose of the Supreme Court in our society is to interpret the law and to have the final say in a case. For example, an investigation led to a man who they believe is a killer who murdered two victims .The courts held a second trial, the prosecutor tried to introduce evidence of the accused being “silent.” The prosecutor hopes to convince…

Takings Clause of the 5th Amendment we are prevented from this specific action, fighting for something we love. The Takings Clause states, “nor shall private property be taken for public use, without just compensation." (US Const. Amend. V, sec. 3) The fifth amendment fails to protect the individual from the unjust seizure of land from the government, for there is no clause that allows for protecting one’s land if not compelled to sell. Even when given the right, the…

The abuse of power happens when citizens aren’t given their rights. As we have all seen recently and since the 90s, police act on their own agenda. According to Bandes, “First of all, police brutality is unlikely to be inflicted on non-minority members of the middle class. One of the salient characteristics of police brutality is that it is largely practiced on poor and minority groups - in part as a way of devaluing them and demarcating them from us” (47). Yes, police have done unlawful things…

tend to be overlooked by law enforcement comes around and one of the most well-known sayings. First I will be giving a quick background about those two amendments and then I will start talking about the case. The issues about this case involved the fifth and sixth amendment. Let me explain both of these amendments. “No person shall be held to answer for a capital, or otherwise infamous crime, unless on a presentment or indictment of a Grand Jury, except in cases arising in the land or naval…

The landmark U.S. Supreme Court case I have chosen to write about is Miranda v. Arizona. This was a case in Arizona where Mr. Miranda was arrested at his home and taken by police into custody to a police station where he was then identified by a complaining witness. Once, he was identified he was interrogated by two police officers for about two hours and as a result to this long interrogation he signed a written confession to the crime. Therefore, once the case went to trial his oral and…

The Fifth Amendment provides citizens with the opportunity to not be a witness in their own trial so that the possibility of self-incrimination is diminished. The self-incrimination clause protects defendants, but can be misconstrued at times as an admission of guilt by the defendant. There are several cases that have had to deal with the issue of self-incrimination, including Salinas v. Texas 570 US __ (2013) and Mitchell v. United States 526 US 314 (1999). Salinas v. Texas 570 US __ (2013)…