The Fifth Amendment Coursework Example | Topics and Well Written Essays - 750 words

The fifth part Amendment - Coursework ExampleIf the government is not limited in this aspect, it will be easy for them to aim (coerce) battalion to answer questions that would cause them to look guilty of a crime (Harr, Hess, and Orthmann 324). The governments limitations on this matter is even emphasized when By the middle of the 18th century, English courts began to limit the admissibility of confessions (Harr, Hess, and Orthmann 326). This is to prevent the occurrences of confessions...obtained by any manner, including rip or the threat of force (Harr, Hess, and Orthmann 326). Not limiting the governments ability to how and when it asks questions opens an avenue for abuse and arbitrary actions. How do you thumb about police encouraging suspects to talk by threatening or using physical force or otherwise intimidating them? Despite arguments that the ends privy justify the means, one has to keep in judgement that regardless of the motivation, individual rights should be, first and foremost, cherished, because, personally speaking, it cannot be said that a government can protect the rights of a nation if that government is unable to first protect the rights of the individual. I truly cannot see how jurist can be served if the foundation of such justice is already unjust. ... s could mean that if done properly, testing techniques can do the job already, so there is really no need to apply force or the threat of force. In the rest of the cases, a more diligent police work --- standardized searching for physical evidences --- could work in areas where interrogation did not provide much help. Does the Miranda decision barricade police work? It is said that because of the Miranda, substantial numbers of criminal convictions are lost each course and that it may be the single most damaging blow to the nations crime fighting ability in the past half century (Harr, Hess, and Orthmann 330). However, it is also said that Miranda...changed the analysis of the Fif th Amendment protection against self- incrimination from a totality of the circumstances test for voluntariness to whether those subjected to a custodial interrogation by police were advised of their rights...but Miranda has not completely displaced the due process/voluntariness standard. (Harr, Hess, and Orthmann 331) Therefore, the Miranda may have made police work tougher, but it does not absolutely impede police work. This is because When a Miranda violation cannot be used to support an attack, voluntariness still can (Harr, Hess, and Orthmann 331). Would a different result occur, given exactly the same circumstances of an interrogation, for what a private guarantor officer could do as opposed to what a city police officer must do? Private security officers such as security guards or even rent-a-cops are not demand to advise suspects of their Miranda rights (Harr, Hess, and Orthmann 360). City police officers are required to issue the Miranda warning to individuals they had in custody, before doubting them (Harr, Hess, and Orthmann 331). This could