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Example research essay topic: Bill Of Rights Judicial Proceedings - 1,192 words

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... o could have a rebellion with British troops quartered right there in their community, amongst their women and children? 2. There has only been one case looked at to interpret the 3 rd amendment, and this was in a lower court, the US Court of Appeals. Engblom v. Carey 1982 dealt more with the issue of privacy than the actual quartering of US troops amongst citizens. In 1982, prison guards in New York state went on strike.

Some of these guards were housed in dormitories on the grounds of the prison, for which they paid rent. For some guards, this was their only home. When guards went on strike, the state brought in the National Guard to guard the prison, and housed them in the guards' dormitories. There was a question whether this amendment came into play with such a dwelling. Even though Engblom did not own the room she lived in, she was still entitled to privacy and the Court interpreted the 3 rd amendment to protect that privacy (She went on to lose the case on other grounds). 3. The 3 rd amendment is used to interpret the issue of one's privacy more than troop quarters.

In 1833, Justice Joseph Story noted that the 3 rd Amendment's 'plain object is to secure the perfect enjoyment of that great right of the common law, that a man's home shall be his own castle, privileged against all civil and military intrusion'. Griswold v. Connecticut 1965 the Court ruled that the 3 rd, along with the 1 st, 4 th, 5 th, and 9 th Amendments protect the rights of married couples to use contraceptives. The 3 rd amendment may be outdated but reminds us that there are places the government should not go in regards to the privacy of it's citizens.

Bill of Rights, Amendment IV. The right of the people to be secure in their persons, houses, papers, and effects, against unreasonable searches and seizures, shall not be violated; and no warrants shall issue, but upon probably cause, supported by oath or affirmation, and particularly describing the place to be searched and the persons or things to be seized. 1. During the period of time preceding the War for Independence, in the interests of suppressing the rebellion, the King and Parliament allowed British troops to search anyone, anywhere, for whatever reason. They also allowed customs inspectors to search anyone, and any premise to look for smuggled goods. Suspect goods were to be seized, but to give anyone that kind of power almost invites someone to abuse it. 2. In Kyllo v.

United States 2001, the Court ruled on a case regarding Kyllo, suspected drug dealer. Using heat sensing thermal imaging hardware, police detected unusual amounts of heat emanating from Kyllo's residence. Based on this information, a warrant was obtained and they raided his house finding an indoor marijuana farm lit with hot lamps. The Court ruled that this type of use of sense enhancing devices by law enforcement without a warrant is unconstitutional. While there is a war on drugs, even this type of unannounced peek into a citizen's residence is going too far. 3. Controversial Issues follow: Searching juveniles in school New Jersey v.

T. L. O. 1985 Limiting who can be involved during a warranted search Wilson v. Layne 1999 Legality of aerial surveillance California v.

Ciraolo 1986 Searching trash for evidence California v. Greenwood 1988 Bill of Rights, Amendment V. No person shall be held to answer for a capital, or otherwise infamous crime, unless on a presentment or indictment of a grand jury, except in cases arising in the land or naval forces, or in the Militia, when in actual service in time of War or public danger; nor shall any person be subject for the same offense to be twice put in jeopardy of life or limb; nor shall be compelled in any criminal case, to be a witness against himself, nor be deprived of life, liberty, or property, without due process of law; nor shall private property be taken for public use without just compensation 1. The efforts of the British to squash the rebellion included ignoring what was accepted judicial procedure in the colonies at that time. British authorities in the colonies had no qualms about violating the rights of citizens in bringing 'rabble rouser's' to justice. This violation of rights included periods of interrogation where what was revealed by someone in custody could be then used against them in court. 2.

Miranda v. Arizona 1966 was a case that the Court dealt with in regards to Ernesto Miranda. Miranda, was coerced into confessing to a murder and rape after being interrogated by law enforcement officials for 2 hours. Miranda was not informed of his rights to an attorney, nor his rights to remain silent. Since his confession was not considered to be voluntary, his conviction was overturned by the Court.

For a confession to be termed voluntary, a suspect must know of his rights before he can give them up. Because of this landmark case, an arresting officer must now make an arrested aware of the following rights. 1. You have the right to remain silent 2. Anything you say can and will be used against you in court. 3. You have the right to an attorney, and to have an attorney present while you are being questioned. 4. If you cannot afford an attorney, one will be appointed for you before any questioning begins. 3.

Controversial Issues follow. Since there are so many rights referred to by this amendment, I will include 1 for each right: Grand jury indictments at the state level Hurtado v. California 1884 Sentencing a habitual sexual predator to a mental health facility without violating double jeopardy Kansas v. Hendricks 1997 Self Incrimination Miranda v. Arizona 1966 Due process versus police procedures Robin v. California 1952 Just compensation regarding private land use Hawaii Housing Authority v.

Midkiff 1984 Bill of Rights, Amendment VI. 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 for his defense. 1. As stated in the analysis of the previous amendment, British authorities had no qualms about sidestepping what was accepted as proper judicial proceedings in the colonies in their interests of squashing the rebellion. British authorities made it a practice to either a. let suspects rot in prison for awhile before starting judicial proceedings against them or b. whisked them off to Britain to be tried by an Admiralty Court, who were not their peers, nor particularly sympathetic to the plight of the suspect.

These proceedings would be held in private, with no input by any peers of the suspect on behalf of the suspect. In short, these judicial proceedings were a more...


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Research essay sample on Bill Of Rights Judicial Proceedings

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