Essays on Incrimination

Fourth, Fifth, and Sixth Amendments to the U.S. Constitution

Introduction

The United States Constitution was framed without a Bill of Rights, and subsequent amendments came to be parts of the Bill of Rights, although this was framed amid the lack of confidence of an oppressive regime. The fourth, fifth, and sixth amendments provided rules to safeguard individual liberty. The Sixth Amendment protects citizens against unfair denials of life and liberty by ordering the federal government to give protections to all suspected criminal offenders (Chhablani, 2008).

The Fourth Amendment protects citizens against unpredictable violations of privacy by government authorities. This protects ...

Informative Speech: The Fifth Amendment

Attention Grabber: While most people know that the Fifth Amendment establishes the right of a person not to incriminate themselves, what is less commonly known are the three other rights that the Fifth Amendment protects. Thesis: Beside guaranteeing the right against self-incrimination, the Fifth Amendment also provides for the equally important rights of: due process, access to a grand jury for capital offenses, and the prohibition against being prosecuted or punished twice for the same crime (Kaci, 1998).

Point One: That right is based on the Fifth Amendment’s right against self-incrimination. A right to “remain silent” also includes ...

Background Introduction

The paper explores four court cases where IRS has won two of these cases and the taxpayers an equal two cases. The main area of focus is on gains, losses and investments resulting directly or indirectly from these cases. The cases have been examined to establish the elements that influenced the decisions made. Also, the quality of the decisions made has also been discussed as per the tax returns laws and the IRS implementation of the same. Existing studies show that the agency has more likelihood of winning in cases where it has been pitted against the taxpayers in ...

What is the Constitutional issue being decided in this case (as delineated by Chief Justice Warren in section I)?

The Constitutional issue being decided in this case as delineated by Chief Justice Warren in section I is on interrogation, and the issues it has the capacity to bring with it. It involved the questioning of the defendants by the police in a room in which the defendants were completely cut from the outside world, while in police custody. The defendants were not informed of their rights at the onset of the interrogations. Oral admissions were elicited through the questions used during the interrogation process. The police ended up forcing the defendants to confess for a crime that they ...

The

ABSTRACT The underage offenders can not be treated as adult criminals. Children have more chances to change. A special court system for juveniles has created a service-delivery system that provides minors with education, guidance, and supervision. The courts for juveniles also differ from the ones for adults. Commonly, the juvenile courts are informal in order not to stress the child, but minors has still have less rights in the court than adults. Also children can be punished for the cases that are absolutely legal for adults, like possession of alcohol and tobacco and running away from home. Minors are ...

1. Explain in detail the Exclusionary Rule. The Exclusionary Rule is the rule that is generated by the law under the constitutional rights. It does not allow the use of any of the non-legal obtained proof in the trials for criminal under the fourth amendment. It will usually apply for the elimination of the physical evident. The best example of exclusionary rule is stolen property, murder, or weapons that allows the police to catch a break in a case under the rights of the fourth amendment. The exclusionary rule could be under the Fifth Amendment, when no person can ...

Abstract

A science forensic investigator has an important role in the criminal justice system. The forensic investigator will be on call to examine a crime scene and properly collect evidence. The investigator may talk to witnesses and obtain any important information that will help in solving the case. In order for the investigator to do the job adequately, and sufficiently they have to follow certain guidelines and rules when collecting evidence to present in court. The rules that are set in place for law enforcement and investigators have been obtained from within the United States Constitution. If a forensic investigator ...

Abstract

This paper seeks to compare American and Australian Criminal Justice Systems by providing information regarding the way the two criminal justice systems operate. Some of the various aspects that the paper will be seeking to evaluate within the two systems include the legal traditions; law enforcement; measure of crime; criminal procedure; corrections; terrorism and organized crime; courts and legal profession; and juvenile Justice. The paper starts with an introduction, which provides a general overview of the paper. Consequently, the paper will provide insight regarding the legal traditions that are practiced within the two countries.

Introduction

Comparative studies of criminal justice ...

Introduction

The Constitution states that due process shall be and should be observed at all times, either in criminal or civil cases. Due process can either be substantive or procedural. Substantive due process is contained in several branches of law and refers to the government’s interference with an individual’s exercise of rights. Usually, it involves acts, matters or issues which society deems controversial. Examples of issues that have to be settled with substantive due process is the allowance or prohibition of abortion, same sex marriage and any form of state regulation which involves potentially or in any way ...

Introduction

The constitution states that due process shall be and should be observed at all times, either in criminal or civil cases. Due process can either be substantive or procedural. Substantive due process is contained in several branches of law and refers to the government’s interference with an individual’s exercise of rights. Usually, it involves acts, matters or issues which society deems controversial. Examples of issues that have to be settled with substantive due process is the allowance or prohibition of abortion, same sex marriage and any form of state regulation which involves potentially or in any way ...

I oppose departures from, and variations to, the original wording of Miranda rights because departures and variations create situations where the constitutional rights of an individual could be violated. These rights, including the right against self-incrimination and the right to be free from unreasonable searches and seizures are valuable rights intended for all Americans. These rights were created to ensure our nation would remain a democracy. Miranda rights were created to advise suspects of their rights and to protect the right against self-incrimination provided by the Constitution of the United States. Miranda rights were also created to ensure that ...

A defendant is innocent until proven guilty. The structure of the legal system and process in the United States is to place the burden of proof on the government. The government carries this burden of proof as to every element of the crime the defendant is charged with. In order for a criminal defendant to be found guilty, the prosecution must establish guilt beyond a reasonable doubt (In re Winship, 1970, p. 361). The reason for this high burden of proof is to guard against government abuse. Were the government not bound by any constraints, the respective positions of ...

The constitution protects all citizens without any discrimination and the Fifth Amendment, the American Constitution grants people the right against self-incrimination. Any person facing arrest has the right to remain silent while in custody as well as in the courts. In the Fifth Amendment, one is given the rights not to be a witness in any case that he/she is involved This Amendment applied to both the state and federal courts in the US. In the case Riley v.Dorton .115 F.3d 1159 (1997),”Following the plain text of Amendment nobody should be allowed to be a witness against himself/herself, ...

There are many types of privileges that exist and it is probable that many have been asserted that don’t exist. The privileges arise out of both the Common Law and Statutory Law governing federal and state courts. The constitution is the source of only one privilege, the privilege against self-incrimination guaranteed by the Fifth Amendment. The theory behind evidentiary privilege is that certain relationship are sacred and should not be interfered with by the Law Lawrence N. Gray, esq. discusses many of the evidentiary privileges (2012). Amongst them are attorney-client, spousal, physician-patient, clergy-penitent, psychologist-patient, social worker-client, rape crisis ...

U. S. Supreme Court case The United States Supreme Court was established according to Article III of the Constitution of the United States in 1789. It is the highest federal court in the United States and has the final, decisive decision along with its appellate jurisdiction over all state and federal courts. The Supreme Court of the United States is invoked to observe the U. S. Constitution and the Amendments to it. A flamboyant example and a landmark about the role of the U. S. Supreme Court (Supreme Court) is Miranda v. Arizona (384 U. S. 436 (1966) ...

ASSIGNMENT

Assignment In the documentary video of Frontline titled “Confessions”, the illegal and unconstitutional act committed by the police include miscarriage of justice during the investigations of the four accused known as the “Norfolk Four” composed of four males named Danial Williams, Eric C. Wilson, Derek Tice, and Joseph Dick Jr. The police abused their power by manipulating the investigation of these four men to obtain false conviction. The four accused were convicted for crimes of murder and rape of Michelle Moore-Bosko, which took place in Norfolk, Virginia. The four men were convicted on the basis of their confession ...

The US Constitution is the supreme law that governs the United States of America. The law created a national government and primary laws, and also established specific basic human rights for the citizens. The constitution contains seven Articles and 27 Amendments. The constitution has been in existence for more than 200 years and in the process, it has undergone important ramifications to make it better (The United States Court, 2014). The paper will discuss the 4th, 5th and 6th Amendments of the US Constitution, and how they apply in adult and juvenile court proceedings. The Fourth Amendment prohibits the ...

The Fifth Amendment and Compelled Decryption

The first example is actually two cases that look at different sides to the same question, namely can a party be compelled to reveal the encryption passphrase to his computer or mobile device. In re Boucher, a federal case out of Second Circuit in Vermont, was the first case to address this this question. In Boucher, the defendant’s (Boucher) laptop was inspected as he returned from a trip to Canada. The laptop was on when it was inspected which allowed customs officials to see images of alleged child pornography on an open browser page. Boucher was arrested for the illegal trafficking ...

If you ask someone what they think about the Fifth Amendment, most people will likely point out that it provides citizens a right against self-incrimination. However, besides the well-known “plead the Fifth” clause, the Fifth Amendment provides a number of other important privileges and protections including the right to a grand jury for capital offences, the right to due process, the right to fair compensation when the government takes your property and a prohibition against being prosecuted or punished twice for the same crime. The Fifth Amendment was one of the original ten amendments included in the Bill of Rights that was passed ...

Individual Rights

Individual Rights Individual Rights vis-à-vis Social Order Individual rights pertain to the liberties and freedoms embraced in the human rights of every person. These rights are validated, confirmed and guaranteed by the Bill of Rights and the Constitutional amendments. These rights include the freedom to practice (or not) religion, freedom of speech, freedom of the press, freedom of assembly, freedom of petition, right against self-incrimination, right against self-incrimination, right to due process, and other rights granted in criminal proceedings (US Constitution). In democracies, such as the United States, individual rights play a significant role in society. Social ...

Project Title

Introduction Juvenile Justice System is a system established to handle and tackle juvenile delinquency. The system comprises of several juvenile courts across the United States, which are bestowed with the responsibility of juvenile delinquency. The system works on the fundamental principal of deterring juveniles from crimes through reforming them. Adult juvenile system is a system established to tackle and handle cases of adult criminals. The adult justice system has mechanisms that guarantee adults are punished for crimes committed. Juvenile and adult justice systems have several similarities in terms of their rights and responsibilities. However, it is also apparent that the ...

Miranda v Arizona

The brief facts of the case were that the defendant Ernesto Miranda was arrested on the 13th of March 1963 by the police based on circumstantial evidence that tended to link him to the rape of an 18year old girl. Following an interrogation by police that lasted two hours, Miranda signed a confession statement to the rape charge on forms that alleged that he had made the confession without any coercion and out of his own free will. The form also stated that the defendant was well aware of his legal rights as well as the fact that any statements ...

- The Fourth Amendment Terry Vs. Ohio 1968 is one of the landmark judicial rulings by the United States Supreme Court that maintained the Fourth Amendment. The Fourth amendment does not give the police the authority of conducting arbitrary searches and seizures on individuals if they are suspecting of committing a crime. The Fourth Amendment declares “the right of the people to be secures in the persons houses, papers, and effects, against unreasonable searches and seizures; shall not be violated and no warrants shall be issued, but upon probable cause, supported by oath or affirmation, and particularly describing the ...

Write an essay that considers the criminal process from arrest through sentencing and appeal. Identify and evaluate the strengths and weaknesses inherent in the process along each step in the process. In your evaluation, discuss how these weaknesses might be corrected. What factors push against their correction? Also, assess how factors external to the criminal justice system such as budgetary and political realities impact the identified strengths and weaknesses.

Introduction

Criminal process known otherwise as criminal procedure is characterized by three phase of pre-trial, during trial and after trial. Most often criminal process is set in motion upon arrest of ...

Miranda V. Arizona and Terry V. Ohio The case of Miranda versus Arizona is a landmark case in the US Supreme Court decision that upholds the constitutional rights of an accused in a criminal case the guarantee of protection against self incrimination under the Fifth Amendment and the right to a counsel during the custodial investigation under the Sixth Amendment. It is where the Miranda Rights originated which is a procedure in every custodial investigation of reading the different rights of an accused before being interrogated by the authorities. The case reinforces the essential requirement of these procedural due process of providing ...

False Confession

A false confession refers to an admission of guilt by a suspect whereas the confessor is not responsible for the offence charged. Such an event can be as a result of incompetency on the part of the accused, insanity or may as well be induced through coercion. The story of the Norfolk Four as depicted through the film, The Confessions, is a classic case of false confession by the accused persons who were consequently convicted. It is also critical to note as evident in the film that the Norfolk Four waived their rights as laid down in the Miranda case. The possibility ...

Re: A Motion to Suppress statements and evidence acquired during the execution of the warranty

Issue: The police in this case are said to have had a search warrant that allowed for them to search the house. This warranty gave them the right to ask the suspect to step aside and allow them to search for any illegal firearm or anything else illegal in the house. In the Miranda v Arizona the police upon finding anything illegal in the house, they are supposed to inform the suspect of the right to remain silent and the right to avoid self incrimination (Levy, 1968). There is also the right to have an attorney present during any form ...

The right against self incrimination is an international human right that is guaranteed to an accused. This right is always embodied in the criminal procedure that is adopted by various nations when prosecuting criminal cases. The right against self incrimination includes the right of an accused not to be compelled to testify against himself or to confess his guilt to a crime of which he is being accused of. Every juror must, as compliance to the procedural due process, respect this right accorded to an accused as a basic human right enshrined in the international bill of rights. Thus, a juror cannot ...

Admissibility of the statement made by Martin to Justice

One of the rights protected under the Fifth Amendment is the right against self incrimination or the right to remain silent (Fireside, 1998). Essentially, the right protects a person from either being compelled to make an incriminating statement, or the same statement being used against the person. Accordingly, a statement obtained from a suspect in violation of this right is not admissible in court, and may be suppressed. However, a statement made voluntarily without any coercion is not protected under the amendment, regardless of how incriminating or ruinous it may be. This was established in United States v. Washington. The court further ...

The Exclusionary Rule is one of the more important rules that is utilized in the American judicial system. The entire American judicial system is designed to protect the individual's rights from the government, and to limit the amount of power that the federal and state governments have over the citizenry. In criminal trials, the individual is considered innocent by the government until proven guilty; this is to protect the individual citizen against unfair or untrue allegations, and to ensure that all citizens receive a fair trial when they are accused of criminal activity. The exclusionary rule or the exclusionary ...

Miranda Rights

The decision of the Supreme Court in Miranda v. Arizona that a confession obtained through interrogation while in custody, and at which time the suspect was not informed of his/her constitution to have a legal representative present would be inadmissible in the court of law. However, only the accused can proclaim their constitution protection in contesting the involuntarily obtained confession. These Miranda rights, as they are popularly known, are necessary in the course of justice as they guarantee the constitutionality of the Fifth Amendment, Sixth Amendment and Fourteen Amendment. Fifth Amendment deals with self incrimination, Sixth Amendment relates to right to ...

ABSTRACT

The United States was founded on the principle that all persons had natural rights to life, liberty and property, which is to say that the Framers of the Constitution accepted the theories of John Locke rather than Thomas Hobbes. Government did not simply exist to maintain law and order and keep the masses under control, but to preserve, defend and guarantee the rights of the people. By popular demand in the 1780s, the Bill of Rights was also added to the Constitution, which stated expressly which rights were guaranteed to the people and what the exact limits of government ...

1) Bill of Rights or human rights (natural rights). 2) The first ten amendments make up the Bill of Rights. 3) The incorporation doctrine applies the same rights to state and local governments. 4) The Establishment Clause prevents the federal government from creating a state religion. 5) Engel v. Vitale (1962) outlawed prayer in public schools. 6) Peyote mushrooms were sacred in many Native American religions. 7) There are no religious tests for any federal office. 8) Abraham Lincoln arrested opposition newspaper editors during the Civil War. 9) Schenck v. The United ...

Juvenile Rights

Introduction

Increase in juvenile delinquency is perhaps the most equivocal factor that has generated varied interpretations across different societal contexts. As such, there is a need for a criminal justice system that deals with juveniles who are involved in different criminal offenses. Notably, juvenile laws provide certain rights to children accused of different criminal offenses. The inception of juvenile rights in the criminal justice system dates back to the year 1967 (Cole & Smith, 2009), when children were accorded certain rights, which were not accorded in the preceding years. On the other hand, the constitution(s) of different countries articulates on a ...

Juvenile Rights

The juvenile system is significantly responsible for processing and treating various cases of youthful misbehaviour. The system has developed into an analogous yet independent system of justice with its own nomenclature and regulation of procedure (Goldstein, Condie, Kalbeitzer, Osman & Geier, 2003). Apparently, there are a plethora of similarities and notable differences between the adult and juvenile justice systems (Goldstein et al., 2003). The illustrious difference between the juvenile and adult justice processes are largely symbolic and terminological, and most states do not have specific statutory provisions distinguishing the arrest processes for children from that of adults (Goldstein et al., 2003). ...

The Role of Due Process and Crime Control Models on Criminal Procedure

Fourteenth Amendment The Fourteenth Amendment states that: (1) a person who is born or naturalized in the United States is a citizen of the State in which he resides and of the United States, regardless of race, (2) no State has the right to abridge the “privileges and immunities” of any its citizens, (3) no person can be deprived of life, liberty, or property without due process of law, and (4) every person is entitled to equal protection under the laws of the United States Constitution. Therefore, the rights granted and protected under the Bill of Rights are further ...