Wait a second!
More handpicked essays just for you.
More handpicked essays just for you.
cases on rights of the accused
Don’t take our word for it - see why 10 million students trust us with their essay needs.
Recommended: cases on rights of the accused
Everyone in the United States have specific rights when they are criminally accused. “I consider trial by jury as the only anchor ever yet imagined by man, by which a government can be held to the principles of its constitution.” This quote was from Thomas Jefferson. Trial by jury goes along with everyone having rights when they are accused, it is one of the basic things in the bill of rights, that when you are accused, you have the right to a trial by jury. There are many other rights as well. I had already known some things about this topic. Other stuff was new knowledge to me. Something that I already knew was that when you are being arrested, the officer arresting you has to read you your rights as an American. I also knew that you have the right to a speedy and public trial. This was about all that I knew about this topic before I decided to research it. I wanted to know what a lot of the rights of the criminally accused were. I did a lot of research for this paper. I found most of my articles on the Internet. I was able to find some things from my civics notes, which were very helpful in some of these things. I have found five different articles and I have learned certain facts from all of them that I did not know before. The main rights that the criminally accused have is a speedy and public trial by and impartial jury, to be informed of the nature and cause of the accusation, that if he/she can’t afford an attorney, one will be appointed to you (“Sixth Amendment”, np). Another right that the accused have is self-incrimination, which is testifying against oneself, and double jeopardy, which is being tried twice for the same crime if you are found not guilty. The Fifth Amendment secures both of these rights.... ... middle of paper ... ... of Rights." Fundamental Constitutional Rights as a Criminally Accused Person. N.p., n.d. Web. 2 Dec. 2013. . Hornberger, Jacob G.. "The Bill of Rights: The Rights of the Accused." The Future of Freedom Foundation. N.p., n.d. Web. 2 Dec. 2013. . Mott, Jonathan . "ThisNation.com--Rights of the Accused." ThisNation.com--Rights of the Accused. N.p., 1 Dec. 2013. Web. 1 Dec. 2013. . "Rights of the Accused." : Supreme Court Cases. N.p., n.d. Web. 2 Dec. 2013. . "Sixth Amendment." TheFreeDictionary.com. N.p., n.d. Web. 2 Dec. 2013. .
Dunsmuir, Mollie, comp. Charter of Rights and Freedoms: Fundamental Freedoms. Kristen Douglas, 29 Sept. 1998. Web. 28 Apr. 2014. .
THESIS: Mapp v. Ohio and Miranda v. Arizona are Supreme Court cases that prove to be essential in protecting and strengthening individual rights in the United States.
Schultz, David, and John R. Vile. The Encyclopedia of Civil Liberties in America. 710-712. Gale Virtual Reference Library. Gale Virtual Reference Library, n.d. Web. 18 Mar. 2010. .
The Self-Incrimination Clause of the Fifth-Amendment to many American citizens and law makers is considered abstract. The complexity of this concept can easily be traced back to its beginning in which it lacked an easily identifiable principle. Since its commencement in 1789 the United States Judicial system has had a hard time interpreting and translating this vague amendment. In many cases the courts have gone out of their way to protect the freedoms of the accused. The use of three major Supreme Court disputes will show the lengths these Justices have gone through, in order to preserve the rights and civil liberties of three criminals, who were accused of heinous crimes and in some cases were supposed to face up to a lifetime in federal prison.
Civilrights.org. (2002, April 13). Justice on trial. Washington, DC: Leadership Conference on Civil Rights/Leadership Conference on Civil RightsEducation Fund. Retrieved April 12, 2005, from Civilrights.org Web site: http://www.civilrights.org/publications/reports/cj/
Declaration of Human Rights: Dignity and Justice for All of Us. Accessed on October 29,
Miranda v. Arizona is a very important activist decision that required police to inform criminal suspects of their rights before they could be interrogated. These rights include: the right to remain silent, that anything you say can and will be used against you in a court of law, you have a right to an attorney, if you cannot afford an attorney one will be appointed to you be the court. In this case the Fifth Amendment's right that a person may not be forced to incriminate one's self was interpreted in an activist way as meaning that one must be aware of this right before on is interrogated by the police. Prior to this ruling it was common practice to force and coerce confessions from criminal suspects who did not know they had the right not to incriminate themselves.
accused of a crime. The individual has a right to a trial and to be judged by a
"That in all capital or criminal Prosecutions, a man hath a right to demand the cause and nature of his accusation, to be confronted with the accusers and witnesses, to call for Evidence and be admitted counsel in his Favor, and to a fair and speedy Trial by an impartial Jury of his vicinage, without whose unanimous consent he cannot be found guilty, (except in the Government of the land and naval Forces in Time of actual war, Invasion or Rebellion) nor can he be compelled to give Evidence against himself. "
Harr, S. J., Hess, K. M., & Orthmann, C. H. (2012). Constitutional Law and the Criminal Justice
"Declaration of the Rights of Man - 1789." The Avalon Project. Yale Law School, n.d. Web. 11 Nov. 2014.
Racial discrimination is greatly alive in today’s world. Consider a trial in which an African American male is being accused of murdering a middle aged Caucasian woman. A jury composed completely of middle aged Caucasian women is not impartial which increases bias and prejudice, potentially leading to an unfair verdict. Failure to be knowledgeable of the nature of ones’ charges automatically promote unfairness. The accused would ultimately be clueless and left in the dark throughout the criminal justice process, by not knowing the charges filed against him and why. Witnesses testifying against the defense tend to feel pressured into telling the truth when confronted by the defendant in court (Annenberg, n.d.). Therefore, without this right in place, witnesses of the prosecution may be more subjected into lying to make their case, although they are under oath. Also, the accused may not be allowed to fully tell their side to the story or argue their cases to its fullest potential should they not have this right. In addition, most people living in the United States are not fully aware of their rights or knowledgeable of the criminal justice system and, for this reason, cannot effectively represent themselves in court. Should they have no choice but to, they are likely to receive a more severe punishment, one that a defense attorney may argue to not
"Know the Cases." Innocence Project. Benjamin N. Cardozo School of Law, n.d. Web. 1 Mar 2011. .
"Bill of Rights Transcript Text." Bill of Rights Transcript Text. N.p., n.d. Web. 19 Apr. 2013. .
The Supreme Court of the United States in a 5-4 ruling decided in favor of Miranda. The Supreme Court felt that since an interrogation is a very intimidating spot to be on the suspect 's rights are automatically triggered. This includes the fifth amendment and the the sixth amendment which entitles a person to an attorney. They claimed that undoubtedly the fifth amendment is a privilege. Along with this case they also settled four other cases that were similarly close