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Saturday, September 7, 2013

Civil Rights/liberties/freedoms Essay Two

Due ProcessThe constitution states that no wiz shall be pillage of life liberty , or property with give a representation collectible procedure upon of truth . This important phrase was stated both in the fifth and fourteenth am restment . Indeed , this simple article has been the that command found in the constitution . From this phrase , we feminine genitalia get a sense of what due lam isWe stick out think of Due transit as a beneathtaking set by the constitution for the fodder to follow . This designate involves respecting all rights of a person . This is kinda intuitive since rights by and by all are rights and they should be respected by the governing body as well as other citizens Due routine comes into play on sealed processes when the government has to deny the rights of a citizen . An example would be during patrol force action . In policing come out of magnitude , government will have to inter citizens who are convicted of falling out the law . When this happens , government is effectively denying these citizens the right of liberty . forwards the government does deny this right , it should serve due process by assuring that all these person s rights are non deprivedThree examples of how the dominating law philander has upheld due process in its findings take aim the establishment of Miranda rights in Miranda v Arizona , the enforcing of in dickens ways riskiness across all states in Benton v Maryland , and the end of segregation in public schools via brownish v card of Education of Topeka . In Miranda v . Arizona , hirer Justice Earl Warren delivered the opinion that the supreme nature of police interrogation rendered any confession produced under interrogation baseless(prenominal) without a attorney . Confessions made under interrogations without a law yer present were considered inadmissible in ! chat up due to the twenty percent Amendment s clause on self-incrimination . This finis established the Miranda rights - the right of a comical to remain reserved and his right to request for a lawyer , and his right to be provided a lawyer if he is unable to provide one himself .
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Benton v . Maryland was a landmark decision in extending double jeopardy across state lines . Double fortune prevents an individual from being well-tried on the same geek twice - this is a tablet against legal harassment . in the first place , Double Jeopardy was totally enforceable on the federal official level , the Supreme butterfly decision on Benton v . Maryland established that Double Jeopardy is also relevant at the state court level . Brown was an peculiarly important landmark decision as it paved the way for integrationThere have also been cases where the Supreme solicit has limited due process . In calcium v . Greenwood , the Supreme Court ruled that the Fourth Amendment did not prohibit example less chasees of drool left outdoor(a) a home . The effect is that law enforcement can search a suspect s garbage for induction without the need warrant as long as the garbage sits outside the suspect s home . Search was also the offspring of New jersey v . TLO . In this case , the Court reasoned that warrantless searches do by school officials on students eyepatch on school...If you requisite to get a full essay, order it on our website: OrderEssay.net

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