Police Interrogation and Due Process Research Paper

Police Interrogation and Due Process - Research Paper Example The above principles which are contained in the 5th amendment are very important to an individual accused of a crime. Although the amendment is viewed to contain various provisions, four elements widely protects an individual accused of a crime are right of protection against double jeopardy, right to due process, a right to what is known as grand jury and finally, right against self incrimination (Tomkovicz, 2002). Within courts in the United States, whenever questions arise in criminal trials whether a confession is incompetent because it is not viewed to be voluntary; this issue is mainly controlled by the 5th amendment commanding that specific individual shall at any given time be compelled in a criminal case to be a witness against himself. Self incrimination indicates that no person accused of a particular crime may be compelled to be a witness against her/himself. Supreme Court ruled that this specific action is only available not only police interrogation but also the trial. Further, this same rule may only apply to custodial interrogation where police interrogates an individual while in custody. Grand jury is defined as a group of individuals who decide whether there is enough evidence to charge a particular suspect. However, the US Supreme Court has not ruled on this requirement to apply to the states. Double jeopardy implies that individuals may not be punished and tried twice for the same crime. This area is complex such that even Supreme Court struggle with it. Finally, based on the due process, the 5th amendment indicates that no one should at any time be deprived property, life and liberty without due process of the law. The two types of due process are substantive and procedural. Procedural type focuses on fundamental fairness whereas substantive widely extend beyond the context of criminal prosecutions (Sonneborn, 2004). 4th Amendment Clearly, it is the legal responsibility for any government to provide each and every defiant in any criminal ac tion with legal representation which must be viewed to be effective. This is explained by the 6th amendment to the U.S that states â€Å"In all criminal prosecutions, the accused shall enjoy the right†¦Ã¢â‚¬ ¦Ã¢â‚¬ ¦to have the assistance of counsel for his defense†. This clause gives all defendants the right to communicate with an attorney from the specific moment the defendant was taken into police custody. Decision by U.S Supreme Court to have constructed this clause was to ensure that any defiant enjoyed the constitutional right especially during critical stages in a criminal proceeding. These critical stages are namely; preliminary hearings, custodial interrogation, trial, post indictment, first appeal conviction and sentencing (Chemerinsky, 2002). This same clause was mainly to react against English practice where assistant from an attorney was denied even in very serious criminal cases. Here, defendants required

Poverty and Pollution Assignment Example | Topics and Well Written Essays - 1500 words

Poverty and Pollution - Assignment Example Keywords: pollution, poverty, businesses, third world country, operations, control, regulation, morality, environment, standards, global, enforcement Poverty and Pollution There are many different moral and ethical considerations that must be addressed when looking at the issue of the pollution of third world countries by businesses who have setup shop in those countries, including but not limited to the implications of the companies who are participating in these actions, the reasons for doing what they are doing, the moral right of human beings to a livable environment, as well as who should be responsible for these actions, and what must be done to improve the quality of life of those who are affected by these practices. There are many different reasons a business may conduct operations in a third world country, including political instability, a need for investment capital, low wages are acceptable, as are low benefits, education levels are low, and environmental regulations are few and not seriously enforced (Encyclopedia of Business 2nd Ed, 2013). Political instability in a developing country ensures that both the powers running the country and those who are attempting to run for the company are both concerned with public image; they want to ensure that the people see that they are attempting to better the country, even if the decisions made do not actually benefit the country, and one key aspect of this is good PR. If the ruling power or the power attempting to be the ruling power shows any indication that they are driving away big businesses, businesses who will bring new jobs to the country, which will in turn strengthen the economy, even if that businesses practices ultimately hurt the country itself, they will be seen as working against the country itself, and not for the country, even if baring that particular business from the country will ensure a higher quality of drinking water in the country, for example. The key is to show a form of immediate gratification for the people in terms of a better economy, even if the environmental concerns are far more severe. The need of the country for investment capital also factors into the decision of the third world country to open its doors to big business. Many big businesses will, for example, work to better the country that they choose to setup shop in, as a means of being able to more efficiently conduct their business. In Mongolia, for example, as a result of the search for rare earth mineral deposits, many big companies are working to build access roads, supporting local businesses and patronizing shipping systems setup in place in the country; Germany signed an agreement with Kazakhstan to be able to gain access to their rare earth minerals in exchange for technical assistance in modernizing railroads, building chemical plants, and other forms of development (Caramenico, 2012). It is because of the desire for technological advancements that the big businesses are able to provide that countries are more likely to overlook the negative aspects of big business in favor of the investment capital that they will provide. Businesses like the arrangement because they are able to get cheap employment, both in terms of the wages that they pay out and