Verified Document

4th, 5th, 6th, Amendments Safeguarding Research Paper

S. At 772, 769-70. In other words, the burden on law enforcement officers is high if they want to perform a search within the Fourth Amendments' protections. The Fifth Amendment guarantees that no American "shall be compelled in any criminal case to be a witness against himself." Confessions are inherently suspect, and methods of getting confessions have not always been reliable. In modern times, police forces have professional standards produced by respect for the Constitution. Police realize that society in general abhors the use of involuntary confessions and wants to limit police power against individual citizens. The Fifth Amendment also reinforces the idea that while police officers are enforcing the law they also need to follow the law and play fair. "In the end, life and liberty can be as much endangered from illegal methods used to convict those thought to be criminals as from the actual criminals themselves" (Hobbs).

The Sixth Amendment right to counsel is separate and distinct from the Fifth Amendment right to counsel created by the Supreme...

Arizona (Means). A defendant has the Sixth Amendment right to counsel only in those matters in which he has been formally charged. Police need to be concerned with deliberately eliciting incriminating information from a criminal defendant in any matter in which he has been formally charged, unless he has validly waived that right. Otherwise, they are in violation of the Sixth Amendment. The Supreme Court held in Michigan v. Jackson that once the right to counsel is asserted police are prohibited from further attempts to interrogate (Means).
Works Cited

Hobbs, Howard, JD, PhD. "Fifth Amendment Review." American Law Review. May 5, 2001. Retrieved from the web on February 20, 2011 at http://www.americanlawreview.com/fifth_amend_review.html

Means, Randolph B. "Interrogation Law…Reloaded: The Two Rights to Counsel." The Police Chief. February 2001. Retrieved from the web on February 20, 2011 at http://www.policechiefmagazine.org/magazine/index.cfm?fuseaction=display_arch&article_id=171&issue_id=122003

Sources used in this document:
Works Cited

Hobbs, Howard, JD, PhD. "Fifth Amendment Review." American Law Review. May 5, 2001. Retrieved from the web on February 20, 2011 at http://www.americanlawreview.com/fifth_amend_review.html

Means, Randolph B. "Interrogation Law…Reloaded: The Two Rights to Counsel." The Police Chief. February 2001. Retrieved from the web on February 20, 2011 at http://www.policechiefmagazine.org/magazine/index.cfm?fuseaction=display_arch&article_id=171&issue_id=122003
Cite this Document:
Copy Bibliography Citation

Related Documents

4th, 5th, 6th, 8th, As Well As
Words: 1514 Length: 4 Document Type: Essay

4th, 5th, 6th, 8th, as well as 14th Amendments happen to be crucial while reviewing criminal procedure. "Criminal process is definitely the area of the American constitutional law involved together with the state's authority to preserve an organized modern society and also the legal rights of occupants as well as citizens to have liberty from unnecessary federal government interference with their very own freedom" (Zalman, 2008, pg 4) The

Hostage Negotiations and the 4th, 5th and 6th Amendments
Words: 8474 Length: 27 Document Type: Research Paper

Hostage Negotiation The 4th, 5th, and 6th amendments have had serious impacts on modern hostage negotiations and will be examined in this paper. Elements that are to be considered include promise making, incriminating statements, as well as the planting of listening devices. Graham vs. Connor, State vs. Sands, and Taylor vs. Watters, among others, are some of the court cases that will be used in this discussion. Again, the impact of

Analyzing the Forth Amendment
Words: 6920 Length: 20 Document Type: Research Paper

4th Amendment's evolution and history, together with the "search and seizure" law. 4th Amendment Background People's rights of being secure in personal effects, papers, houses and persons, against unreasonable seizures and searches, may not be breached, nor shall any warrants be issued, but in case of probable cause, which is supported by affirmation or oath, and describes, particularly, the place that must be searched, or the things or individuals that should

Supreme Court
Words: 1086 Length: 3 Document Type: Essay

Justice Antonin Scalia's philosophy and contributions to the US Supreme Court, and the effect of his demise on the Court, particularly on Amendments IV, V, VI and VIII. Philosophy and Impact of the Death of Scalia Owing to Justice Scalia's disruptive nature, a number of impolite social media posts, op-eds and tweets are expected from parties who were usually not in agreement with his philosophy. Despite the presence of other "conservative" Justices,

Equal Protection
Words: 1550 Length: 5 Document Type: Essay

Amendments to the Constitution In any criminal cases, the individual will be arraigned before the judge. This is when they will be informed about the charges and given the chance to enter a plea. Once this takes place, is the point a preliminary hearing is scheduled. It focuses on the evidence and if there is enough to warrant a trail. If the judge is convinced there is enough evidence, they will

Criminal Law Foundations Evaluation Criminal Law Foundations
Words: 1658 Length: 5 Document Type: Essay

Criminal Law Foundations Evaluation Criminal Law Foundations Paper Constitution signifies different political contexts safeguarding the well-being of the citizens, as well as, the convicts in the state. The constitution gives an integrated model of a republic that dictates the roles, responsibilities of different arms of the legal and criminal justice system that ensure social equity and coercion. It is recognizable that each state has a unique political system characterized by "checks and

Sign Up for Unlimited Study Help

Our semester plans gives you unlimited, unrestricted access to our entire library of resources —writing tools, guides, example essays, tutorials, class notes, and more.

Get Started Now