Civil Rights/liberties/freedoms Essay Two

Due ProcessThe constitution states that no one shall be deprive of life liberty , or property without due act upon of law . This important phrase was stated both in the fifth and fourteenth am restment . Indeed , this simple clause has been the that command found in the constitution . From this phrase , we female genitalia get a sense of what due operate isWe stick out think of Due transit as a undertaking set by the constitution for the regimen to follow . This designate involves respecting all rights of a person . This is quite intuitive since rights by and by all are rights and they should be respected by the government as well as other citizens Due process comes into play on certain processes when the government has to deny the rights of a citizen . An example would be during police force action . In policing order 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 . beforehand 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 despotic law philander has upheld due process in its findings admit the establishment of Miranda rights in Miranda v Arizona , the enforcing of in two ways riskiness across all states in Benton v Maryland , and the end of segregation in public schools via Brown v card of Education of Topeka . In Miranda v . Arizona , hirer Justice Earl Warren delivered the opinion that the coercive nature of police interrogation rendered any confession produced under interrogation baseless without a attorney . Confessions made under interrogations without a lawyer present were considered inadmissible in court due to the twenty percent Amendment s clause on self-incrimination . This decision established the Miranda rights - the right of a comical to remain silent and his right to request for a lawyer , and his right to be provided a lawyer if he is unable to provide one himself .

Benton v . Maryland was a landmark decision in extending double jeopardy across state lines . Double Jeopardy prevents an individual from being well-tried on the same case twice - this is a tablet against legal harassment . Originally , Double Jeopardy was totally enforceable on the federal level , the Supreme Court decision on Benton v . Maryland established that Double Jeopardy is also applicable at the state court level . Brown was an especially important landmark decision as it paved the way for integrationThere have also been cases where the Supreme Court has limited due process . In calcium v . Greenwood , the Supreme Court ruled that the Fourth Amendment did not prohibit example less chasees of garbage left outdoor(a) a home . The effect is that law enforcement can search a suspect s garbage for evidence without the need warrant as long as the garbage sits outside the suspect s home . Search was also the subject of New jersey v . TLO . In this case , the Court reasoned that warrantless searches do by school officials on students while on school...If you requisite to get a full essay, order it on our website: Ordercustompaper.com

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