Other laws protect journalists from revealing confidential sources, but not other information. While some state legislatures have adopted protections into state law, others such as New Hampshire and West Virginia rely on state court precedents. This inconsistency is the foremost reason why journalists desire a federal shield law. Judith Miller, a former investigative reporter for The New York Times, feels as though a federal shield law is needed because “individual journalists and individual news organizations shouldn't have to be in the situation of deciding like this, on a case-by-case basis, whether or not we're going to go to jail or violate our commitment”(Miller). Miller went to jail for 85 days after refusing to reveal her source in the Valerie Plame investigation, and as a result many can see that she is not basing her notions on hypothetical situations but through proof of testament.
The government is in direct conflict with the Fourth Amendment which protects against unreasonable search and seizure by government agencies. It also protects the rights of people to be secure in their persons, homes, papers and effects. The amendment requires that a warrant with probable cause be signed by a judge before a search can be performed. But with the heightened search for terrorists, the system of checks and balances on the government has become gray and lax. There has been a loss of distinction between intelligence and criminal investigations which has resulted in the loss of the “probable cause” standard of the Forth Amendment.
The Constitution guarantees that the government cannot take away a person's basic rights to 'life, liberty or property, without due process of law.' Courts have issued numerous rulings about what this means in particular cases. The precedent it sets shakes the judicial system foundation to its very core. Taking legal decisions out of the hands of a majority and putting it in the hands of one. Terri’s law was ruled as unconstitutional in a seven to zero vote by the United States Supreme Court.
Amendment’s 1-7 Research Paper The Constitution and all of it's amendments were created as a rule book or a guideline on what the government of the United States can do and what it can not do. It protects American citizens from abusive government actions against them that could violate basic rights like religion and freedom of speech. The first seven amendments are very important and give us many rights. The 1st Amendment to the US Constitution was passed by Congress on December 15, 1791 as part of the Bill of Rights and this amendment guarantees freedom of religion and the press. The amendment states that “Congress shall make no law respecting an establishment of religion, or prohibiting the free exercise thereof; or
However, there is currently no power for the prosecution to apply to overturn a verdict of acquittal entered at trial. Some of the main instances where the prosecution can seek an appeal or a reviewed. (p. 11) Even though we are being protected under the Fifth Amendment by the United States constitution, it may not give justice to those individuals. After doing this research on double jeopardy, I found that double jeopardy was established by the United States constitutional it come from Fifth Amendment. It protects individual against a second prosecution for the same crime, it also protects us multiple punishments by same crime.
Court History and Purpose Michele A Anderson CJA/224 June 8, 2012 Austin Zimmer Court History and Purpose The American justice system is a complex system that serves a purpose of administering justice and all other legal matters. This paper will examine the court system and its purpose. This paper will describe the dual court system and how it pertains to our justice system. This paper will also examine the role of the early legal codes, common law, and the precedent they played in the development of the court systems. This paper will identify the role of the courts in the criminal justice system today.
For any bill to become a law, both houses of Congress must have a majority vote of approval for it to move on to the next step of legislation. Also, just like the Framers envisioned in 1787, representative government serves as a check on the rest of government, therefore preventing tyranny. Finally, Congress has the power to impeach the president, which is one of the defining powers that sets the United States apart from other countries. We citizens can also help preserve this culture of liberty in our own ways. It can be as small as just exercising our birth rights as U.S. citizens.
Miranda V. Arizona is one of the most famous Supreme Court cases that decided if one was not aware of his 5th amendment rights prior to his arrest any evidence seized before was obtained illegally. This case did not change the wealth of America or effect purse or sword but it did affect any other case that is similar to it and the way we are arrested in
The conviction was overturned due to allegedly intimidating police interrogation methods. After a retrial that included witnesses and other evidence, Miranda was again convicted. His trial was, however, then assured of being fair, and the original conviction was reasonably upheld without question.”(History of Miranda Warning) Due to the case of Miranda v. Arizona all police agencies in America present Miranda Rights to people when they are being arrested. In the case Miranda’s lawyer states that Miranda was not presented with his rights, he didn’t know what he was being arrested for. Now all police agencies present Miranda Rights to people who are being arrested so that the person in custody can know what their rights are.
The Bill of Rights The Bill of Rights is said to be the people’s rights but what exactly is the Bill of Rights and what can people use it for? In this paper I will address the following: I. The History of the Bill and why it was created II. The first ten Amendments, the Bill of Rights • Freedom of Speech, Press, Religion and Petition • Right to keep and bear arms • Right of search and seizure regulated • Provisions concerning prosecution • Right to a speedy trial, witness, etc. • Right to a trial by jury • Excessive bail, cruel punishment • Rule of construction of Constitution • Rights of the States under Constitution III.