Clear and Present Danger Determines If Speech Causes Violence

The Fourth Amendment is the first line protection against the government and their officials from violating our privacy. The Fourth Amendment provides safeguards to individuals during searches and detentions, and prevents unlawfully seized items from being used as evidence in criminal cases. The degree of protection available in a particular case depends on the nature of the detention or arrest, the characteristics of the place searched, and the circumstances under which the search takes place. This Amendment protects us in the following situations such as being questioned while walking down the street, being pulled over while driving, entering individual’s homes for arrest and searching of evidence while there. In most scenarios, police officer may not search or seize an individual or his or her property unless the officer has a valid search warrant, a valid arrest warrant, or a belief rising to the

Some of these rights are the right to be assumed innocent until proven guilty, the right against arrest without probable cause, the right against self-incrimination, the right to an attorney, and the right to fair questioning by the police. All of this is part of the Due Process Model but one thing the Due Process Model calls into question is, do the rights of the individual outweigh the rights of the many? (Perron)

As citizens of the United States, we possess rights that are guaranteed by the Constitution regardless of the circumstance. In relation to other rights, our constitutional rights are top priority and their here to stay. For police officers and the courts of the United States, this means that the criminal procedures they abide by must accommodate constitutional provisions that grant the people liberties from these procedures. Amendments VI, V, VI and XIV particularly focus on criminal procedures and require such procedures to adhere to these constitutional provisions.

The U. S. Const. amend. IV, states that the rights of the people are to be secure in their homes and person, papers and effects, shall not be violated by unreasonable search and seizure, and no warrants shall be issued unless it is supported by probable cause. [2] Probable cause clearly states that a person, items, and places to be searched must be approved by a judge or magistrate to give officers the legal right to move forward. The U. S. Const. amend. V provides as a safe guard to prevent officials from illegally gathering self-incriminatory statements; therefore, the Miranda warning is issued to provide individuals the right to waive or invoke their constitutional rights to remain silent. [3] Of course, the U. S. Const. amend. VI, provides an individual the right to counsel. [4]

For example, these rights protect a suspect from self-incrimination, as cited in the Fifth Amendment to the Constitution. As additional evidence, these rights also uphold one's right to receive due process with legal counsel, as cited by the Sixth Amendment to the Constitution. Consequently, to remain with in the guidelines of the Bill of Rights, Miranda Rights need to be read to all those accused of a crime.

The fourth, fifth, and sixth amendments regards the rights individuals have when coming in contact or in custody with police officers. The fourth amendment is the right of search and seizure. A search is when a police officer goes into a space where the individual bevies they have privacy. A seizure is when a police officer says or does something that an individual would suspect that they are not free to leave police officer contact. The fifth amendment is the right to remain silent and the right to council. The right to remain silent and council only pertain when an individual is in arrest custody. And states "no person shall be compelled in any criminal case to be a witness against himself, nor be deprived of life, liberty, or property without due process." The sixth

This amendment was a part of the Bill of Rights and adds a number of rights for an accused citizen. These rights include a fair trial, speedy and public trial, an impartial jury, a notice of accusation, a confrontation of the witness, and right to a lawyer. A speedy trial means that the government cannot delay a trial to keep you in jail. A public trial ensures that rules a being followed correctly. An impartial jury means that they will not convict you without sufficient evidence. A notice of accusation forces the government to tell you what you did wrong. A confrontation of a witness is that people who saw the crime must testify. A right to a lawyer means that you have the right to have a lawyer even if you do not have the money for one.

America is built on the foundation of society being run and well-flowing around the three values the Republic of the United States hold most dear to: equality, freedom, and justice. The rights of the accused is an important factor in maximizing justice. Amendments 4-8 in the Bill of Rights specifically detail how criminal law should be dealt with, and how justice can be ensured every step of the way. The Fifth and Sixth Amendments contain two systems that go hand in hand with one another, a due process and a trial by jury for all citizens. Amendments 4-8, a Due Process, and a Trial by Jury are essential for establishing the rights of the accused and their absence would be detrimental to the effectiveness of the American criminal justice system.

Miranda Warnings reaffirmed the rights afforded by the Fifth and Sixth Amendments: all U.S. citizens have the right to remain silent so as not to incriminate themselves, as well as the right to due process in a court of law before a jury of their peers.

Without the Bill of Rights, a person in America would have no voice in their life and would be a slave to the government constantly living in a world where its potential is not being met. When a person is incriminated, it is necessary for the police to read the miranda rights to ensure the person incriminated understands the circumstances he or she is in, and what is provided for him. In the 4th document, it says, “as for the procedural safeguards, prior to any questioning, the person must be warned that he has a right to remain silent…” By this statement being said to criminals, it lets them understand their rights are still within in them but are limited so they don’t create more harm to their lives. The miranda rights are protected the 5th amendment due to the fact that miranda rights are a part of due process. By having Miranda rights included in the Bill of Rights, it shows how important it is to America. This part of the Bill of Rights is extremely effective because it lets the criminal system of the government know that a citizen’s right is still there even though they are a criminal. Without the miranda rights, chaos would break out in the court systems because lawyers would be using the criminal’s words against him and wouldn’t give the criminal counsel. If the criminals were being mistreated in law, that means that the 14th amendment is

The Miranda Rights, also known as the Miranda Warning, were derived from the 5th and 6th amendments in which they guarantee all people who are taken into arrest the right to trial, council, and to be appointed a lawyer. Although not explicitly expressed in the constitution, the Miranda rights provide the necessary precautions for self-incrimination and proper trial by providing those who have been arrested or incarcerated a brief description of the rights the individual is guaranteed to. It also provides the means for lawfully gathering information such as confessions and testimony from criminals for use in a court and trial. Often individuals who are taken into custody are not fully aware of one’s rights, especially the right to maintain silent, and this in turn can lead to information being given that may lead to the accused to be unlawfully tried and placed in jail for long periods of time.

The 4th amendment It requires governmental searches and seizures to be conducted only upon issuance of a warrant. The 5th amendment protects us by we don’t half to say anything that might incriminate ourselves in anyway. The 6th amendment The supreme court has applied the protections of this amendment to the states through the due process clause of the fourteenth Amendment. The 8th amendment prohibits the federal government from imposing

The Fourth Amendment will protect individuals from search and seizures indirectly but not directly. The Fifth Amendment helps safeguard individuals from self-incrimination that do not apply to pretrial procedures because this amendment involves obtaining identification and not testimonies of evidence. The Sixth Amendment safeguards the individual’s right to an attorney during any criminal proceedings. This Amendment also safeguards identification procedures of an individual when an initial judgment presented to charge him or her with a crime.

When you are arrested, if you aren’t given you Miranda Rights, then questioning after an arrest, can be inadmissible at trial (“Advisement of Rights”, np). That is part of what Due Process is. Due Process is the right that you have to be given all of your rights and the court has to execute all of your rights before you can be punished. Another right is no cruel or unusual

The United States Constitution protects for suspects right against compelled self-incrimination during a police interrogation, regardless of whether they are charged with a federal or state crime. In other words, he or she cannot be enforced to confess to an offense or any part of an offense. Also, the state constitution may protect suspects, but regardless of what protections the state constitution provides, the police must, at least, satisfy the relevant federal tests. Therefore, before they are interrogated, the police must always give them their “Miranda warnings.”