Legal issues inherent in treatment of sex offenders with the right to refuse mental health treatment is the Fifth Amendment (Adams‚ 1997). The Fifth Amendment give right against self-incrimination and the Fourteen Amendment is regarding the preservation of family integrity (Adams‚ 1997). Some believe mandatory participating is punishment in disguise (Adams‚ 1997). Some mental health treatments can include psychotopic drugs‚ psychosurgery and aversive therapy that could potentially cause irreversible
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to each state. Which lacked the authority to make the states work together to solve national problems. The Constitution of the United States sets forth the nation’s fundamental laws. It also establishes the form of the national government and defines the rights and liberties of the American people. It also lists the aims of the government and the methods of achieving them. The Constitution was written
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The Constitution of the United States established a fundamental law that guaranteed basic rights for the people of America. The Constitution was ratified on September 17‚ 1787 in the Constitutional Convention in Philadelphia. At the convention‚ delegates wanted to make a strong federal government that has three branches; executive‚ legislative‚ and judicial‚ and a check and balances so no branch would override the other. The creation of the Constitution ensured unity in the United States‚ but
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trial because the police had failed to first inform Miranda of his right to an attorney and against self-incrimination. The police duty to give these warnings is compelled by the Constitution’s Fifth Amendment‚ which gives a criminal suspect the right to refuse "to be a witness against himself‚" and Sixth Amendment‚ which guarantees criminal defendants the right to an attorney. The Court maintained that the defendant’s right against self-incrimination has long been part of Anglo-American law as a
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FIRST AMENDMENT The First Amendment outlines five of the most basic rights of any American: the freedom of religion and its practices‚ the freedom of speech‚ the freedom of press‚ the freedom of assembly‚ and the liberty to formally write requests to the government. SECOND AMENDMENT The Second Amendment simply gives Americans the right to keep and bear Arms. THIRD AMENDMENT The Third Amendment gives citizens the right to say no to housing soldiers when the country is not in war. This amendment
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used his silence as evidence of guilt. Procedural History: Petitioner was convicted of murder and sentenced to 20 years. This was directly sent to the Texas State Court of Appeals who rejected the argument. The Texas Court of Criminal Appeals took up the case and affirmed the same judgment. Issue: Was the petitioner’s Fifth Amendment right violated when prosecutor’s used his silence as evidence of guilt‚ when he was not in custody and had not had his Miranda rights read to him? Holding/Rule:
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The Fifth Amendment states that people have the right to have a trial if they are accused of a committing crime. The creators of the Bill Of Rights probably thought that people falsely accused should have their rights like anyone else. It also says that if their private property is taken for public use‚ the owners would get something in return. The exact words in this amendment say‚ “No person shall be held to answer for a capital‚ or otherwise infamous crime‚ unless on a presentment or
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rights Rights and liberties in the nineteenth century Economic liberty in the early republic • Private property‚ states are prohibited from imparing the obligation of contracts Taney court 1836-1864 Human property Dred scott v. sandford 1837 Dred scott had daughter in IL‚ so he thought should be free Economic liberty after the civil war Due process clause: no state may “deprive a person of life liberty‚ or property‚ without due process of law” “eminent domain” during the 19th century
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There are five parts to the 1st Amendment they are: Freedom of Speech‚ Freedom of Religion‚ Freedom of Petition‚ Freedom of Assembly‚ and Freedom of Press. Freedom of Speech allows individuals or communities to express their opinions without punishment‚ censorship‚ agreement or approval within certain limitations as long as it does not cause harm. Freedom of Speech also may also include symbolically expressing your opinion by wearing certain clothing‚ holding signs‚ and burning the flag. Freedom
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warnings are still a valid concept in modern society and policing. The rationale for the Miranda decision is that Ernesto Miranda felt that he was compelled by the interrogating officers to give information on the crime thus violating his Fifth Amendment right against self-incrimination and the judicial system did not want this to happen again. Miranda warnings should be used in a criminal investigation when a suspect is arrested and before a suspect is interrogated while being in custody.
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