Friday, April 12, 2013

The Supreme Courts Interpretations of the Fourth and Fifth Amendments; Miranda Warnings and the Exclusionary Rule.

America has an extremely large crime rate. Because of this fact, people ar really concerned with the rights of the accuse. The Bill of Rights has several expressed rights of barbarous rummys to underwrite justice. Over the last several decades, the imperious Court has construe these Constitutional protections. The most important of these interpretations is the exclusionary territory and the Miranda warnings.

        The exclusionary rule is base on the Fourth Amendment. This amendment says that a search warrant rear end only be issued if there is probable cause. This was interpreted by the Supreme court into the exclusionary rule, which says that evidence mustiness be still according to these guidelines in the Fourth Amendment, or it wont be tolerable in court. This forces law enforcement to collect evidence properly and fairly. The rule is important because without it, law enforcement could search anyones house, even if they showed no criminal signs. They could then use any dirty laundry they rig in a persons house and use it against them in court.

        The Miranda warnings are even more well known than the exclusionary rule. This interpretation of the Supreme Court is based on the Fifth Amendment. Basically, this amendment prohibits self-incrimination by suspects.

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The accused must be informed of their right to remain quiet and to have a lawyer present when being questioned former to trial. This raised the question of whether confessions were valid in court if the suspect was not informed of their rights prior to the confession. In 1991, the court govern that a conviction would not be completely disordered of the confession was acquired through coercion. In 1994, the court said that suspects must assertively and unequivocally request to have legal counsel. The suspects cant tactile sensation that they exigencyed a lawyer present, they have to make it clear...

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