The Good faith exception issued by the Supreme Court of the United States v. Leon recognized evidence that has been collected in violation of the privacy right protected by the Fourth Amendment to be used in a trial in case the police acted in good faith as answered on detective search warrant (Hall, 2014). During Leon case, the judge issued a warrant which was facially deficient, but without officer recognizing the language as long as there is reasonable reliance on that warrant police officials believe they could execute. (McDonald, 1986) The Court held illegally seized evidence may be used in federal and civil trials to impeach statements made by a defendant who lacks standing on the Fourth Amendment. The Supreme Court uses the term good faith when referring to the objective reasonableness of the police in the belief of the existence of a warrant that is non-existent benefits. The Court concluded that evidence should not be suppressed where it is discovered by officers in the course of actions that are taken in good faith and reasonable belief that they are authorized. (McDonald, 1986)
The author believes that biomedical research is the way of better understanding medicine and without randomized clinical trials the field of medicine will have insufficient information. He argues that randomized clinical trials are the most scientifically sound and ethically correct means of evaluating new therapies. The belief of a physician being unethical when running randomized clinical trials is rejected by this article because previous trials on patients can have a better outcome on future patients. This article stresses that randomized clinical trials must be carefully designed that has an intended purpose of gathering data to improve the wellbeing of patients. If the patient is to endure a clinical trial he/she must be properly informed of the risks of the trial and the health of the patient should be high priority. Overall this article explains the importance of randomized clinical trials and debunks the idea of randomized clinical trials as being unethical. This article uses a utilitarian point of view and gives reasons why these trials can be in the best interests for both the patient and society.
I believe that right to a fair trial is the most important liberty of the American Belief System. I believe this because without fair trials many people would get different sentences for the crime they committed. That's wrong because if someone kills somebody and gets 10 years in prison and someone else kills somebody and gets the death penalty, they both committed the same crime but they got different sentences.
The sixth amendment allows defendants the right to a speedy, public fair trial; such as having access to an attorney to represent you, a jury and the right to be offered a plea. Per the text “Boykin form” is required to ensure that defendants have been informed of all the rights they are waiving. The boykin form prevents defendants the ability to say they wasn’t aware of the crimes they were being charged. Per the text Allocute process means the defendant in open court, must admit to the conduct central to the criminality of crime charged.
Another question we come across in this case is "Should these pharmaceutical companies have a moral obligation to make the drugs available to the people who they performed clinical trials on?". Again we clearly should see that the pharmaceutical companies should allow the access of these drugs to the people that are being used to test their products. There is a huge risk for these people who are taking a new drug, not knowing exactly what the outcome can be and are merely treated as guinea pigs for the
The sixth amendment states, “In all criminal prosecutions, the accused shall enjoy the right to a speedy and public trial, by an impartial jury of the State and District wherein the crime shall have been committed, which District shall have been previously ascertained by law, and to be informed of the nature and cause of the accusation; to be confronted with the witnesses against him; to have compulsory process for obtaining witnesses in his favor, and to have the Assistance of Counsel or his defence.” ("The Bill of Rights and Amendments 11-27.") This amendment means that anyone who is accused of a crime has the right to a quick and public trial. The trial of the accused must be held by an unbiased jury in the area where the crime supposedly
In a way yes, clinical trials could help the medical world and patients, but are the consequences and side effects of these trials worth the risk? In the article stated above, Netto states although clinical trials are supposed to follow specific guidelines, but “these official guidelines are not binding and enforcement is lax.” This shows that some consequences are not being considered when being acted on. I think the utilitarian would question the idea of are these clinical trials worth potential harm to the people of the society.
Miscarriages of justices occur due to many variables including faulty or wrong confessions, faulty identifications, wrongful DNA evidence, and the police’s overreach of power. On February 9, 1978, a student from the College of William and Mary, located in Williamsburg, Virginia was sexually assaulted at gunpoint. When the police arrived at the scene, she described her assailant as an African-American male about 5’6 in height and weighing around 145. Having gathered this information, the victim agreed to identify her assailant through photo arrays at the police station. Bennett Barbour was identified arrested and in the span of about two months was charged with rape on April 14, 1978. Despite having an alibi, not matching the victim’s description, and having brittle bone disease Barbour was declared guilty by a jury. Barbour’s case is representative of the many cases in which wrongful eyewitness testimony produces miscarriages of justice. Bennett Barbour served 5 years in prison and 29 years of parole until he was cleared of his charges due to DNA evidence when the Virginia Supreme Court cleared his charges.
he right to a speedy trial is the first of the seven rights. Having a speedy trial is essential while you are being under investigation for the simple fact that one would not want to spend an infinite amount of time behind bars without being heard. For example if one is being held behind bars for five years before their case is even brought to trial and defendant happened to be innocent, there is no way the court can grant the person those five years that the person had lost. Another reason for a speedy trial would be for the obvious reason that it is expensive to house an individual behind bars while he waits for trial. Finally the most important reason would be that as time goes by the accused memory may become cloudy and would most likely damage his defense. The right to a speedy trial was proposed by James Madison while trying to defend the constitution to the anti-Federalist. Madison proposed twenty amendments in what is known as the bill of rights on June 8, 1789 (Revolutionary War and Beyond, 2008-2010). Madison gave a speech to the very first congress
Yes there’s danger prosecutors might illegitimate seek continuances by using speedy trial, by prosecuting the interest of the defense and society this is viewed as irrespective on weather the defendants interest are in jeopardy. In this case Barker could not be convicted unless his partner manning testified against him. By continuing with the trial an acquittal can only be beneficial to Barker. The right of speedy trial is more vague concept than other procedure rights. The right of speedy trials is relative, not absolute the test would be balancing the test would be balancing behaviors of the prosecutors and the defendants are weighted calling the delay extraordinary. The delay is associated with not many cases the court must procced.th defendant
The Andersons, Kanes, Toomeys, Zohners, Robbins and the Aufieros were the plaintiffs in the film, a Civil Action. Their case was to sue two companies (Beatrice and W.R. Grace) for dumping toxic waste into the environment. The toxic waste is trichlorethylene which is a carcinogen according to the EPA. All the families lost children due to leukaemia. “12 deaths over 15 years from leukaemia - eight of them children.”1 This case was hard to make for three reasons. One reason is that certain people are worth more than others in court, and children (especially dead ones) are not worth very much. “a dead child is worth least of all.”1 The second reason
The Fairness Doctrine was a policy established by the Federal Communications Commission, that states those with broadcast license such as radio stations and television programs must present controversial public issues in way that is honest, balanced, and fair within the time of their program. The policy was passed by Congress in 1949, its main concern was that diverse views and controversial issues that regard the public be available for society to be aware of. This also entitled political programs to present opposing sides of an issue. Broadcasters had obligation to show the public the spectrum of an argument. Furthermore the doctrine also includes that the broadcasters must allow anyone being
Experimentation becomes more than using humans as a means to and end, but to an end in themselves. Aside for just experimenting for researcher’s knowledge, it is also beneficial for society, and it doesn't corrupt or makes ethics arbitrary at all. I personally like and support how Kant’s views do allow for supererogatory actions. Intentions matter rather than just consequences. As I stated before, the experiment can disproof itself, but it wouldn't be unethical if it does since it also benefits the patients to know on which types of medicines to invest for their treatment. In contrast to Mill, Kant’s views of this situation go more into depth and context, we can analyze the situation and create a better ethical exploration. I particularly don't agree with Utilitarianism’s bases of moral theory, the greater good for the greatest amount of people, regardless of any intention, just taking into account the happiness it generates as a “good” ethical consequence. I do not agree with either rule or act utilitarianism points of view. For me, consequentialism is a way to “robotize” human beings, prohibiting them of supererogatory
The right to a fair trial is one of the fundamental guarantees of human rights and the rule of law, aimed at ensuring the proper administration of justice. It comprises various interrelated attributes and is often linked to the enjoyment of other rights, such as the right to life and liberty and the prohibition against torture and other forms of cruel, inhuman or degrading treatment or punishment. All persons must have equal rights of access to the courts and tribunals, including access to remedies and reparations. Justice must be administered in a way that achieves fairness for all, regardless of the identity of the parties to the proceedings or the nature of the proceedings themselves. Criminal charges, or a person’s