Scholarly Commons 1989 The Fifth Amendment: If an Aid to the Guilty Defendant‚ an Impediment to the Innocent One Peter W. Tague Georgetown University Law Center‚ tague@law.georgetown.edu This paper can be downloaded free of charge from: http://scholarship.law.georgetown.edu/facpub/702 78 Geo. L.J. 1-70 (1989) This open-access article is brought to you by the Georgetown Law Library. Posted with permission of the author. ARTICLES The Fifth Amendment: If an Aid to the Guilty Defendant
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The first amendment states that congress shall make no law respecting an establishment of religion‚ or prohibiting the free exercise thereof; or abridging the freedom of speech‚ or of the press; or the right of the people peaceably to assemble‚ and to petition the government for a redress of grievances. These rights are human given rights which all citizens of the United States are guaranteed‚ but in the past and still today these rights are being violated. Currently‚ the first amendment is at risk
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The fourth Amendment has been an Amendment that has caused some controversy over the centuries. A fourth Amendment issue that has been persistent is the use of warrants and when they are necessary. During the prohibition era a certain case‚ Carroll vs the United States‚ federal agents had suspicion to believe he was selling liquor when at that time the distribution of alcohol was illegal. Federal agents that had been investigating him have spotted him driving on the highway and decided
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The 14th Amendment states that no state can make/ enforce any law which it takes away privileges or immunities from a person that is a citizen of the United States or that was born in the United States. The 14th Amendment has been used in an awful way for the past five years by the certified peace officers of other communities. An example of this is the death of Trayvon Martin in 2012. He was brutally murdered by a peace officer Stanford‚ Florida because of something that was portrayed as something
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Ambrunee: All the turmoil‚ yelling‚ screaming and arguing going on right now in our country is proof of how great of a country America is. In America‚ we truly have the freedom of speech. The first amendment states - “Congress shall make no law respecting an establishment of religion‚ or prohibiting the free exercise thereof; or abridging the freedom of speech‚ or of the press; or the right of the people peaceably to assemble‚ and to petition the government for a redress of grievances.” Arielle:
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express their first amendment rights as long as they do not cause a disturbance to the school. This case brought awareness to school districts limiting students’ rights‚ and continues to affect decisions
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her child. Standard procedure would be to give Gail a minor misdemeanor but instead the officer arrested her. The court defended that Atwater did not prove that any constitutional rights had been broken. The 4th amendment was the right being broken in this case. In the 4th amendment “Prohibits unreasonable searches and seizures and sets out requirements for search warrants based on probable cause as determined by a neutral judge or magistrate.” According to the state laws‚ ATwater should have
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order to do so‚ schools are using intimidation to take first amendment rights away from students because the rights of the majority are overlooked due to the actions of the few. The First Amendment protects the right to freedom of religion‚ the right to peacefully assemble‚ and freedom of expression from government interference. The first time a major incident occurred within a school system in the United States over students First Amendment rights was in the Supreme Court Case Tinker vs. Des Moines
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The first clause of Amendment Six is the speedy trial clause. There are several reasons that this clause is positive to the accused in a case on trial. Primarily the right to a speedy trial can prevent undue and oppression‚ and minimize the anxiety and concern that accompanies public accusation. A speedy trial can limit the possibility that long delay will impair the ability of an accused to defend himself. Furthermore‚ delaying a trial is can tamper with the evidence and witnesses because over time
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Although there is a fair share of people that are offended by some of today’s music‚ the First Amendment rights shouldn’t be taken away. Some alternatives that could be considered are disclaimers. Disclaimers could be presented at the beginning of each song or video so the listener would have the opportunity to change the song or channel. According to the First Amendment‚ artists should be protected by the freedom of speech which by law should protect the artist from any censorship. For example
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