The Fifth Discipline

interview at any time. This will protect his Fifth Amendment right and avoid his defense attorney from invoking the Exclusionary rule during trial. According to Carmen (2010) “Under the exclusionary rule, evidence obtained in violation of the Fourth Amendment cannot be used in a criminal trial against the victim of the illegal search and seizure. The Constitutions does not require this remedy; it is a doctrine of judicial design.” Mr. May’s invokes his Fifth Amendment to remain silent and…

Case Name: State v. Thompson Citation: 288 Ga. 165, 166–167, 702 S.E.2d 198 Year decided: 2010 Facts: On the night of September 12, 2006, several DeKalb County officers were dispatched to an apartment complex in Stone Mountain, GA on a possible stolen vehicle report. Upon arrival, contact was made with the complainant Earl McCord along with several other residents of the complex. After interviewing all parties present, it was concluded that the vehicle had not been stolen but had in fact had…

The issue in this case is whether Tony Love, our client, has the necessary mental ability to waive his Miranda rights voluntarily, knowingly, and intelligently due to the extent of the circumstances involved. An officer must recite the Miranda rights after a suspect has been arrested and before the suspect, or anyone that is of interest to the case, is questioned. State v. Echols, 382 S.W.3d 266, 280 (Tenn. 2012) (citing Miranda v. Arizona, 384 U.S. 436, 444 (1966)). The Miranda rights present…

Sylvia Plath clearly embeds the story of Esther Greenwood into the political situation of the time. The Bell Jar introduces its setting by referring to the execution of the Rosenbergs. In the summer of 1953 Julius and Ethel Rosenberg were accused of and electrocuted for espionage. It was believed that they had passed secret US military information on nuclear weapons on to Soviet Intelligence. The fear of the so-called “red scare” was omnipresent, and it was believed that more and more people…

probe. Communist were often referred as “Reds” for their alliance to the Soviet Union. The name coming from the color of the Soviet flag. The film portrayed communists going free by claiming constitutional rights. This constitutional right is the Fifth Amendment. Part of the Bill of Rights it states “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 forces, or in…

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.…

It was a dark time in American history. World War II had just ended, and America was on the winning side. There should have been a great, lasting celebration of this victory, but instead the country was torn apart by fear. This fear, the fear of Communists in the U.S. became known as the Red Scare. The name was derived from the fact that Communists were often referred to as “Reds” for their supposed allegiance to the red Soviet flag (“Red Scare”). The Red Scare affected America by pushing…

This short essay details how to speak to law enforcement officers in the scenario of a traffic stop, in an effort to protect and preserve civil rights granted by the Constitution. Violating the stipulations placed by the Forefathers outlined in our Bill of Rights undermines the values the United States was built on. Disregarding, ignoring or never learning about the laws that defend the people against mistreatment in the United States is how tyrannical figures dissolve them without reproach.…

“highest court in the land”. The landmark cases heard by the court are carefully chosen by the esteemed justices. The choices are usually based on cases where there are violations to an individuals’ Constitutional rights. In this paper, the fourth, fifth, and sixth amendments will be examined, and the safeguards they provide. In addition, how the amendments impact the juvenile and adult court in day to day operations. [The Fourth Amendment [The fourth amendment protects a citizen from…

Don’t make the situation worse by adding on a Resisting Arrest charge or felony Assault 2nd for trying to hit the cop. Just go gently and keep your mouth shut (see #1). At this point, nearly everything you say or do is being recorded. Be aware that your pretty face will be on a TV screen should your case go to trial. Simply advise whatever officer that is speaking to you that you want a lawyer immediately. Many will give you the chance to call your lawyer after you’ve gotten the silver bracelets…