The Fifth And Fifth Amendment Rights Essay examples

The Fifth And Fifth Amendment Rights Essay examples

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Both the Fifth and Sixth Amendments to the U.S. Constitution involve the right to counsel. 6th amendment grants right to counsel ensures the right to effective assistance of counsel during the critical stages of a criminal prosecution. The Fifth Amendment right to counsel was recognized as part of Miranda v. Arizona and refers to the right to counsel during a custodial interrogation; Meaning It doesn 't necessarily mean handcuffed but the police have taken the suspect his or her freedom of action in any significant way for example a traffic stop. In this case the defendant was not taken to court instead he was arrested assuming that the Miranda rights were read to him dealing with this scenario on the 5th amendment.
If jack was interrogated without his Miranda rights read to him any information gained through an interrogation is inadmissible in court. Miranda warnings were put in place to allow a suspect to consult with an attorney before a custodial interrogation, even though the suspect may not have been formally arrested.
The Arrest, the police arrest Joe based on probable an...

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