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USA citizens' rights
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| Words: 773 | Submitted: 26-Jun-2011
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DescriptionUSA citizens' rights
We as U.S citizens are fortunate enough to have many rights that protect us, and make sure that we are all able to live life freely, and have equal opportunities. Even people accused of crimes in America have many rights. There are four amendments that give procedural rights for an accused person. One of them is The Fifth Amendment.
“The Fifth Amendment protects witnesses from being forced to incriminate themselves. To "plead the Fifth" is to refuse to answer a question because the response could provide self-incriminating evidence of an illegal conduct punished by fines, penalties or forfeiture. In terms of Miranda rights, this is often referred to as the "right to remain silent". Miranda v. Arizona (1966) was a landmark case involving confessions. Ernesto Miranda had signed a statement confessing the crime, but the Supreme Court held that the confession was inadmissible because the defendant had not been warned of his rights.” Counselman v. Hitchcock, 142 U.S.(1892)
“The Court held, the prosecution may not use statements stemming from custodial interrogation of the defendant unless it demonstrates the use of procedural safeguards effective to secure the privilege against self-incrimination. Custodial interrogation is initiated by law enforcement after a person has been taken into custody or otherwise deprived of his freedom of movement.” Counselman v. Hitchcock, 142 U.S.(1892)
“Another right that protects the accused is The Fourth Amendment.Known as The Exclusionary Rule, The Fourth Amendment to the United States Constitution is the part of the Bill of Rights which guards against unreasonable searches and seizures. The amendment specifically also requires search and arrest warrants be judicially sanctioned and supported by probable cause.” The Constitution of the United States of America: Analysis and Interpretation Kilman, Costello “The government may not detain an individual even momentarily without reasonable and articulable suspicion, with a few exceptions.Where society's need is great and no other effective means of meeting the need is available, and intrusion on people's privacy is minimal, checkpoints toward that end may briefly detain motorists. In Michigan v. Sitz 496 U.S. 444 (1990), the Supreme Court allowed sobriety checkpoints. In United States v. Martinez-Fuerte 428 U.S. 543 (1976), the Supreme Court allowed immigration checkpoints. In Delaware v. Prouse 440 U.S. 648 (1979), the Supreme Court allowed checkpoints for driver's licenses and registration. In Illinois v. Lidster 540 U.S. 419 (2004), the Supreme Court allowed focused informational checkpoints. However, discretionary checkpoints or general crime-fighting checkpoints are not allowed.” Obtaining Written Consent to Search Holcomb,J.W Another exception is at borders and ports of entry.Roadblocks may be used to capture a particular fleeing criminal or locate a bomb.”Limits on warrantless car searches, compensation to terrorism victims, veterans benefit disputes Moore, Kristina I feel like this rule does let many criminals get away with crime, but then again suspicion shouldn’t be enough to go through someone’s personal property either.
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