Rights of the Accused
Rights of the Accused
February 4, 2013 POL 110
Abstract
There are Ten Amendments that make up the bill of Rights, but Amendments Four, Five, Six, Seven, and Eight address criminal justice and rights of the accused. With the fourth amendment designed to prevent unreasonable or general searches and seizures without warrant or probable cause. As some people may say those accused of a crime should not have any rights, but that have just been accused not proven guilty. So, until proven guilty by the court of law the accused have as much rights as the rest of us.
RIGHTS OF THE ACCUSED
After the first twelve amendments were approved by Congress the first ten amendments where ratified by the states, which took effect in 1791 called The Bill of Rights. Since the federal government really didn’t have much control over the people because of the Bill of Rights. So “The Fourteenth Amendment to the Constitution was ratified on July 9, 1868, and granted citizenship to “all persons born or naturalized in the United States,” which included former slaves recently freed”. (The Libarary of Congress-Researchers, 2012) Also within The Fourteenth Amendments people could not be denied liberty, life or property by any state without what is called “due process of law”.
What does due process really mean? “Due process means that laws must be applied fairly and equally to all people, especially to a citizen accused of a crime”. (ushistory.org, 2008-2012) If someone is accused of a crime and have been arrested the police cannot question the accused because “Before questioning, the police must first advise the suspect of his constitutional rights (also called “Miranda Warnings”)” (Missouri Protection & Advocacy Services, 2004). This process was set into place because of the case Miranda vs Arizona. Miranda had been taken into custody and questioned by the police without any legal protection. Ernesto Miranda had been accused of a rap-kidnapping charge and had been
February 4, 2013 POL 110
Abstract
There are Ten Amendments that make up the bill of Rights, but Amendments Four, Five, Six, Seven, and Eight address criminal justice and rights of the accused. With the fourth amendment designed to prevent unreasonable or general searches and seizures without warrant or probable cause. As some people may say those accused of a crime should not have any rights, but that have just been accused not proven guilty. So, until proven guilty by the court of law the accused have as much rights as the rest of us.
RIGHTS OF THE ACCUSED
After the first twelve amendments were approved by Congress the first ten amendments where ratified by the states, which took effect in 1791 called The Bill of Rights. Since the federal government really didn’t have much control over the people because of the Bill of Rights. So “The Fourteenth Amendment to the Constitution was ratified on July 9, 1868, and granted citizenship to “all persons born or naturalized in the United States,” which included former slaves recently freed”. (The Libarary of Congress-Researchers, 2012) Also within The Fourteenth Amendments people could not be denied liberty, life or property by any state without what is called “due process of law”.
What does due process really mean? “Due process means that laws must be applied fairly and equally to all people, especially to a citizen accused of a crime”. (ushistory.org, 2008-2012) If someone is accused of a crime and have been arrested the police cannot question the accused because “Before questioning, the police must first advise the suspect of his constitutional rights (also called “Miranda Warnings”)” (Missouri Protection & Advocacy Services, 2004). This process was set into place because of the case Miranda vs Arizona. Miranda had been taken into custody and questioned by the police without any legal protection. Ernesto Miranda had been accused of a rap-kidnapping charge and had been
References: Missouri Protection & Advocacy Services. (2004, September 1). RIGHTS OF THE CRIMINALLY ACCUSED. Retrieved Feburary 9, 2013, from http://www.moadvocacy.org: http://www.moadvocacy.org/Manuals/LegalRights/RightsCriminallyAccused.pdf The Libarary of Congress-Researchers. (2012, August 24). Primary Documents in American History. Retrieved Feburary 9, 2013, from Web Guide: http://www.loc.gov/rr/program/bib/ourdocs/14thamendment.html ushistory.org. (2008-2012, January 1). Crime and Due Process. Retrieved Feburary 9, 2013, from American Government: http://www.ushistory.org/gov/10c.asp Wilson, J. Q. (2009). Confessions and Self-Incrimination. In J. Q. Wilson, American Government (p. 51). Manson: Cengage Learning Center.