Right to silence

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  • The Importance Of Self-Incrimination In The Fifth Amendment

    The Court also decided that the District Court imposed an impermissible burden on the right against compelled self-incrimination by hold Mitchell’s silence against her at the sentencing hearing. CASE SIGNIFICANCE: This case is significant because it decides that a guilty plea does not mean a defendant waives their right to the Fifth Amendment’s Self-Incrimination Clause. It allows the defendant to remain silent and for law enforcement officers to rely on the facts of their case to get the conviction. It also advises the courts that a defendant’s silence cannot be used against them to draw an adverse inference or see it as an admission of guilt. Amanda Mitchell entered a guilty plea in her case involving the distribution of cocaine. According to the District Court, this guilty plea waived her right to remain silent during the sentencing hearing. She was later sentenced under the 10-year minimum mandatory sentence. Mitchell did not testify and it was later decided by the Supreme Court that a defendant’s silence cannot be used to draw an adverse inference in reference to the circumstances of their case. It also decided that a guilty plea does not waive the right to remain silent (IIT Chicago-Kent College of Law,…

    Words: 1349 - Pages: 6
  • The Red Convertible By Erdrich Analysis

    picking a side. If needed, writes might alter a memoir with the purpose of protecting the characters’ identity or to emphasize the central point other than that it must remain the same. 5. “Silence,” is no more than another story that revels the suffering of the Jewish people. In that context, it is easy to understand why the prisoners took the life of a man who had probably or probably not taken the life of many others Jewish; however, there was not a justification for the prisoners to take…

    Words: 1913 - Pages: 8
  • Under The Skin Analysis

    Jonathan Glazer’s Under the Skin serves as an art piece that dabbles in the science fiction, pseudo-horror spectrum. Throughout the film, there is a feeling of fragmented eeriness, that is only propagated by the masterful scoring, (or lack thereof,) by both the director and the composer. There is a noted lack of dialogue in the film that parallels the specific lack of foley and music in some scenes that add to the tense and twisted storyline. The, at times, uncomfortable silence, whether it be a…

    Words: 760 - Pages: 4
  • Essay On Dr. Michael Stone's Graduations Of Evil

    also argue that these levels of evil could corrupt the mind of those evil. A person could reflect upon a convicted murderer and think that because their crime ranked them level seven they’d receive a verdict close or around what that murderer received. Not bashing Dr. Stone’s intelligence or knowledge however someone could be ignorant to the overall uses of Dr. Stone’s levels. Personally, I believe that these levels could be used for the greater good without have terrible outcomes. In the…

    Words: 1081 - Pages: 5
  • Prayer In Public Schools

    In an article, The Unconstitutionality of State Statutes Authorizing Moments of Silence in the Public Schools, explains how a moment of silence was intended to be a religious exercise, because it was only endorsed when school prayer was taken out of the schools, and at the same time first thing in the morning just like announced school prayer was announced first thing in the morning. (THE UNCONSTITUTIONALITY OF STATE STATUTES AUTHORIZING MOMENTS OF SILENCE IN THE PUBLIC SCHOOLS, 1983). Many were…

    Words: 1716 - Pages: 7
  • Essay On Prayer In Public Schools

    argumentative topic in today’s society. In 1962, required prayer was taken out of schools across the United States (Pros and Cons of Prayer). However, individual prayer is still allowed and acceptable, somewhat. Teachers and faculty members may not participate in prayer while in the presence of students. Students may practice prayer on their own, but it cannot be forceful or vocal. They can also share with other students about prayer, but cannot force them to listen or share the same belief…

    Words: 1518 - Pages: 6
  • Disadvantages Of Psychological Profiling

    The tool of psychological profiling has gained a lot of notoriety both in fictional media as well as real life for its ability to aid in the capture of dangerous psychopathic serial killers. This type of offender is unique when compared to other criminals because financial motive is usually not the primary reason for murder. This is because what they seek to attain is psychological and sexual gratification with certain types. (LaBrode, 2007) Ultimately, why they all kill is to experience power…

    Words: 2351 - Pages: 10
  • Use Of Evasive Language In Edith Wharton's 'Autres Temps'

    mother from the rest of the guests. Additionally, Leila attempts to dissuade her mother from attending the dinner by substituting her real intentions with a euphemism. Instead of directly saying that she clearly does not want her mother to join her, Leila chooses to suggest that it is not necessary on her mother’s part to do so while she never actually puts it in blunt terms. Wharton also implements non-verbal communications such as moments of silence to demonstrate how society remains rigid in…

    Words: 1465 - Pages: 6
  • Boundaries In The Silence Of The Lambs

    Boundaries are what people put up and dare not to cross or to cross. They are put up for protection or as a challenge. The movie The Silence of the Lambs explores the first of these two reasons. The movie features Agent Clarice Starling, an FBI agent in training who is given a difficult case that will either make or break her future reputation, Dr. Hannibal Lecter, a psychologist that has become a psychopathic and cannibalistic serial killer, and Buffalo Bill, a man that is convinced that he is…

    Words: 1401 - Pages: 6
  • Hh Holmes Character Analysis

    When people think of monsters they think of hideous and frightening creatures that lurk in the darkness. But a monster isn’t someone who looks scary or different. In fact, most monsters look just like everyone else. Because the definition of a monster isn’t a person who looks scary, a monster is a person who does horrible things and feels no remorse. People are fascinated by everyday monsters like Hannibal Lecter or Buffalo Bill. It opens their eyes to what we humans are truly capable of and…

    Words: 1057 - Pages: 4
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