Essays on Fifth Amendment

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Issues Regarding the US Constitution’s Fifth Amendment

This law protects the person from incriminating himself to a crime, from possible improper methods to be used by law enforcement either through deceit, coercion or threats (Snitker). By encouraging silence in the face of the need for legal defense, this law wisely leads the accused to seek legal assistance.

Protection to the Criminal Defendant

Self-preservation is a natural right of any person and he may abuse this right by unknowingly withholding cooperation in judicial processes against crime. Excessive protection can be treated with reasonable approaches by law enforcement so that the Fifth will not overly and inappropriately protect defendants.

Custodial Interrogation

The ...

Learning Activity 1

QA answer Ohio court has the jurisdiction to handle this case but not Texas. Although the involved parties cut across the two states, Ohio has the personal jurisdiction because the Flower World Business is in that state. In other words, the defendant involved case is physically located in Ohio and this is the area where the investigation should be conducted. The best way to determine the jurisdiction is to look at the court that will have both personal and subject matter jurisdiction over the defendant of the case as argued by Orakhelashvili (n.d.).

QB Answer

Legally, the type of jurisdiction that ...

I. Introduction A corporation is a common type of business organization in which its owners have the ability to use it as a separate, and distinct legal entity. One of the primary differences between a corporation and other types of business organizations, such as a sole proprietorship or general partnership, is that a duly formed corporation is, legally a person. Moreover, under the law, a corporation is a legal person who the owners, in essence, can control and direct to carry out a range of activities. To be sure, corporations are deemed to have a personality or personhood, including ...

Fourth, Fifth, and Sixth Amendments to the U.S. Constitution

Introduction

The United States Constitution was framed without a Bill of Rights, and subsequent amendments came to be parts of the Bill of Rights, although this was framed amid the lack of confidence of an oppressive regime. The fourth, fifth, and sixth amendments provided rules to safeguard individual liberty. The Sixth Amendment protects citizens against unfair denials of life and liberty by ordering the federal government to give protections to all suspected criminal offenders (Chhablani, 2008).

The Fourth Amendment protects citizens against unpredictable violations of privacy by government authorities. This protects ...

Informative Speech: The Fifth Amendment

Attention Grabber: While most people know that the Fifth Amendment establishes the right of a person not to incriminate themselves, what is less commonly known are the three other rights that the Fifth Amendment protects. Thesis: Beside guaranteeing the right against self-incrimination, the Fifth Amendment also provides for the equally important rights of: due process, access to a grand jury for capital offenses, and the prohibition against being prosecuted or punished twice for the same crime (Kaci, 1998).

Point One: That right is based on the Fifth Amendment’s right against self-incrimination. A right to “remain silent” also includes ...

Background Introduction

The paper explores four court cases where IRS has won two of these cases and the taxpayers an equal two cases. The main area of focus is on gains, losses and investments resulting directly or indirectly from these cases. The cases have been examined to establish the elements that influenced the decisions made. Also, the quality of the decisions made has also been discussed as per the tax returns laws and the IRS implementation of the same. Existing studies show that the agency has more likelihood of winning in cases where it has been pitted against the taxpayers in ...

Introduction

The United States Constitution can be described as the highest law of the land. During court proceedings, the constitution is the supreme law that is applicable in determining the outcome of criminal litigation, but other laws arise from the Amendments to the Constitution. The United States Constitution often guides how the government should function, the jurisdiction of the presidency, American Congress, and the Supreme Court. It is, however, paramount to note that all American states have their own Constitutions that they enact and follow, but the federal constitution is considered the highest law that overrides other state laws in ...

Government Survaillance is unconstitutional and should not be conducted. It deprives citizens their right of liberty. Peolpe’s privacy should not be sacrificed for the sake of security. Security concerns have often been used to justify a breach of citizens’ privacy. Law enforcement groups have created different measures such as the use of surveillance cameras including in many public places to monitor the activities of unsuspecting citizens. In the surveillance process, the agencies involved use high-tech machines. These devices are controlled from a private area and are mostly invisible to the public (Norris, 2010). The tools are made in ...

1. Explain in detail the Exclusionary Rule. The Exclusionary Rule is the rule that is generated by the law under the constitutional rights. It does not allow the use of any of the non-legal obtained proof in the trials for criminal under the fourth amendment. It will usually apply for the elimination of the physical evident. The best example of exclusionary rule is stolen property, murder, or weapons that allows the police to catch a break in a case under the rights of the fourth amendment. The exclusionary rule could be under the Fifth Amendment, when no person can ...

The Just Compensation Clause under the Fifth Amendment provides that the government shall not take private property for public use. The issue before the Supreme Court was whether the New London City violated the just compensation Clause in the Fifth Amendment by seizing private property and selling it for private development with the hopes that the development will help the city’s deteriorating economy through increased revenue and job creation. The Supreme Court held that the just compensation clause was not violated as the taking constituted a “public use” as envisaged by the Fifth Amendment. The ruling was predicated ...