Due process promises people the right to a speedy trial. The equal opportunity clause promises that the law will not discriminate against any person because of his or her differences. This amendment protects people against state and federal laws. Due Process and Crime Control Models Due Process The Fifth, Sixth, and Fourteenth Amendments to the United States Constitution, requires due process, which is a requirement that the justice system officials respect the rights of those who have been accused of a crime. The three requirements for police officers are: 1) search and seizure, 2) arrests, and 3) interrogation (Criminal Justice Today, p. 127-128).
Armington, while robbing a drugstore, shot and seriously injured Jennings, a drugstore clerk brought a civil tort suit against Armington for damages. Armington contended that he could not be tried again for the same crime, as that would constitute double jeopardy, which is prohibited by the Fifth Amendment to the Constitution. Is Armington correct? Explain. No!
Before the rule was in place, any evidence was admissible in a criminal trial if the judge found the evidence to be relevant. The manner in which the evidence had been seized was not an issue. This began to change in 1914, when the U.S. Supreme Court devised a way to enforce the Fourth Amendment. According to the Legal Dictionary online, the exclusionary rule is a law that prohibits any evidence that was illegally obtained from being admissible in any criminal case (Legal Dictionary, 2011). While this law does not have any jurisdiction in a civil or grand jury case, it does prevent police officers from taking action that would violate Americans’ fourth Amendment right and deter any misconduct on behalf of the police officer.
There have been murderers that admitted to murder after being pronounced innocent. In his critique of double jeopardy, John Fitzpatrick states: At present, the rule against double jeopardy or the plea of autrefois acquit or autrefois convict, means that nobody can be tried twice for the same offence. It is the acquittal part, of course, that is most important. In effect, the prosecution has just one go. If you are acquitted, it cannot come back for a second bite.
Ilari Pass JPS 200 Fetrow November 15, 2012 UNITED STATES v. WADE, 388 U.S. 218 (1967) PROCEDURAL HISTORY: Billy Joe Wade was indicted and convicted of armed robbery of a bank in Eustace, Texas after two employees from the bank identified him in a lineup. The defenses moved for acquittal, arguing that the lineup was a violation of the Fifth and Sixth Amendments. The trial court denied the motion. The Fifth Circuit reversed Wade’s conviction, holding that the lineup in the absence of counsel was a violation of the Sixth Amendment. The Supreme Court granted certiorari.
Section 1 In a quick overview of the case Mapp v. Ohio which ended in a ground breaking Supreme Court decision police officers in Cleveland, Ohio were watching a women named Dolree Mapp. The reason for the surveillance because police felt she was a guilty of harboring a fugitive in addition she was also suspected to have illegal gambling material in her house. Under advisement from her lawyer Mapp refused to let police search her house without a warrant. After this contact police returned three hours later and when there was no answer at the door police force their way in, Mapp demanded to see a search warrant the police showed a piece of paper which Mapp snatched from police to discover that it was not a search warrant. Through the search of the house police found illegal pornographic material but nothing that they suspected her on, at which time police arrested Mapp for the illegal pornographic material.
Blocks Attorney client privilege excludes reliable evidence. Had attorney client privileges not been in place the client would never have told the outright truth to his attorney anyway because they would know that whatever they tell their lawyer could be used to incriminate them in the court of law. It is better that the defendant is allowed to communicate with his attorney in private as to be properly represented and thus make the trial just and fair. Truth seeking is vital to prevent convicting the innocent In the case where the defendant is in fact, innocent the trials in both resolutions would have the same result, and thus reach the same conclusion. The only difference is when the defendant is guilty, meaning that this point
Nothing in the Bill of Rights says that illegal immigrants are allowed entry to the United States, but it does prohibit discrimination against people of different races and national origin within its borders (ACLU, n.d.). This includes illegal immigrants like John Doe. 1. Since John was in custody, what are the procedural steps the police were required to take once John began to incriminate himself? -Miranda is only required when both custody and interrogation are present.
Amendment 8 There are many reasons why Americans have many rights that protect them, and the Eight Amendment is another example of that. The Eight amendment states that “Excessive bail shall not be required” (The Constitution of the United States), which means that when a person commits a crime they don’t have to pay an excessive bail. So if u did a small crime you don’t have to pay a lot. In the Eight Amendment it also says that no cruel and unusual punishment would be given to one person. This means if someone is charged with a crime they cannot punish them cruelly, like using electric chairs or gas chambers (The Constitution of the United States).
The definition of a warrantless arrest is “An arrest made without a warrant. At common law, an officer was justified in making an arrest without a warrant if the officer reasonably believed that the defendant had committed a misdemeanor in his or her presence or had committed any felony” (Barron’s, 2003). Once arrested there is no exact amount of time a person can be held (it is not usually more than 48 hours) depending on the case. During this time the officer, can finger print the subject and check for outstanding warrants. Once the officer or detective reads the arrestee his Miranda rights, he may be questioned.