The Sixth amendment protects the accused upon the case against him. The Right to Counsel is given to everyone and this constitutional mandate adheres to the constitution. An accused may choose his own if his means permit him to do so. If not, however, and it is upon the court to appoint who shall represent him, the accused has no say of who will be appointed for him since what is contemplated by law is the essence of a competent lawyer’s presence. The right of self-representation may, of course, be opted upon refusal to receive the services of the one appointed by the court, but it shall still be in conformity with the set guidelines for the same right (Tomkovicz,
Criminal Procedure Policy CJA364 Criminal Procedure Policy The criminal justice system has its procedures and policies that help to control how it operates and to protect those that are in the criminal justice system. The Bill of Rights and the Constitution guarantees that the criminal justice system affords Due Process to all persons that are involved in the system. The fourth amendment gives the people the right to protect themselves and their possessions from unreasonable search and seizures. The Fifth Amendment states that a person shall not be held to answer any question indictment by a grand jury. The sixth amendment gives the people in the criminal justice system the right to a speedy trial.
Second, a prosecution must then involve the same offense. Last, the prosecutions must be given by the same government entity. The federal and state government are separate sovereign entities, each entity have the power to prosecute for violations of their laws. This leads into the first question, “..why under certain circumstances a state trial and a federal trial may be held for the murder of the same person without violating the double jeopardy clause..” This answer is found within the dual sovereign doctrine. It states that the Constitution forbids being placed twice for the same crime, you cannot be placed in double jeopardy by the same sovereign, by the same government.
Exclusionary Rule Evaluation From the Fifth Amendment comes the Exclusionary Rule which affirms that no entities or things may be used and showed in court if taken unlawfully or without appropriate search warrant. Public citizens are well-known with the idea that they have a right to confidentiality, and cannot be investigated devoid of a warrant. Nevertheless, not many people comprehend how the exclusionary rule, which is what truly imposes this right, defends us. The rationale and purpose of Exclusionary Rule discourage police delinquency. Exclusionary Rule is also grounded in Fourth Amendment and it is projected to guard people from prohibited searches and seizures.
Criminal law consists of bodies of regulations and rules that will specify and define the punishments for the wrong committed against society or the state. Criminal laws are enforced on state, federal, and local levels. Criminal laws are in place to maintain some type of standard of conduct more acceptable in society, and to safeguard society from criminals. The purpose of criminal laws is to set a no tolerance standard for criminal behavior, also meaning no crime committed will go unpunished thus an attempt to keep the community crime free and safe. When
Within the due process one may not be treated cruel, unfair or be given unreasonable treatment. Every accused person is entitled to fair procedures, and the due process applies to the criminal justice system as the trials, parole hearings, and administrative hearings. Due process main goal is to protect the innocent from being wrongfully convicted but may be looked upon as focusing on the rights of the accused and ignoring the rights of the victims. Crime control model is taken back a little and is the complete opposite of Due Process Model, which the crime control model focuses on the initial arrest, prosecution, and the conviction of a criminal. Due process priorities stand with protecting an
It is to be noted that, there is no necessity in a false imprisonment case to prove that a person used physical violence or laid hands on another person. It is sufficient to show that at any time or place the person in any manner deprived another person of his/her liberty without sufficient legal authority. False arrest is sometimes used interchangeably with false imprisonment. False arrest is the unlawful violation of the personal liberty of another consisting of detention without sufficient legal authority. In order to establish a false arrest claim, the person detained must prove that the arrest is unlawful and such unlawful arrest resulted in injury.
The regime in control must shield the right to life, liberty and property. When Hospers states, “libertarians support all such legislation as will protect human beings against the use of force by others, for example, laws against killing, attempted killing, maiming, beating, and All kinds of physical violence”, he shows this to be true (Velasquez 677). Basically, the government should be the force acting against negative crime committed from one person to another. If the peace is kept mutual between the citizens in the society, the government should not be active at all. The property of a citizen should be kept in safety, Hospers says, “libertarians support legislation that protects the property rights of individuals against confiscation, nationalization, eminent domain, robbery, trespass, fraud and misinterpretation, patent and copyright, libel and slander” (Velasquez 677).
Actually there are two sides in this issue, one of them is the ideals and the literal concepts that they have wished to keep and the other one is the lived fact that exists on the reality. On one hand, the American dream ideals of freedom are: people are equal; all humans have the same rights and no superiority at all. These are the theories that have been figured out to establish a society based on justice and fairness. Being free according to the American Dream is to illuminate any constrains or restrictions. On the political side, everyone is free to reject, to revolute and simply to say no.
What I believe that the definition of independence is the absolute freedom to do what you want, and to not be held back by any rules or laws of government or man, but by the rules and laws of nature and your own conscious. My view of independence may greatly differ form your beliefs on the definition but in this paper I will try to show exactly what my perspective on the definition of independence is by my experiences, my beliefs, my thoughts, and research on the subject at hand. Firstly, I believe that independence can not be the definition of what your government says is independent. If you go by what the government says is independent than why not go by Chinas definition of independence, or by the communists party’s definition of independence. If you are being governed than you are not truly independent.