Rights of the Accused: Court Takes More Conservative Position on Civil Liberties
The Supreme Court began to take a more conservative approach to civil liberties in the years following the Warren Court. There was even an unsuccessful effort to overturn the Miranda decision. Terry v. Ohio which recognized the right of police offic...
Rights of the Accused: Death Penalty, The
The death penalty is a divisive issue that continues to haunt the court. The basic divide is between those who think the system is so flawed you cannot know for sure that someone is guilty and others who think it is fair but object to the prolonged ...
Rights of the Accused: Response to Increase in Violent Crimes
With violent crime on the rise there has been support in many states for stiffer punishments like multiple offender laws. Although few people spend much time thinking about prisons and prisoners, there is concern about human rights issues and whethe...
Rights of the Accused: Search and Seizure Protections
The Constitution only provides protections of the criminal process in the Fourth and Fifth Amendments. The most controversial element of the Fourth Amendment is the exclusionary rule which applies to objects obtained by search and seizure. A court w...
Rights of the Accused: Trial, The
When a case does go to trial, the fate of the defendant rests with a jury of his or her peers. In the United States, the accused is entitled to legal counsel whether they can pay for it or not. The quality of defense, many experts believe, does impr...
Pressure Politics: One Nation; Many Voices
How can a nation achieve the unity necessary to govern itself when it so diverse? A case in point is the gun control debate and al the different points of view that cloud the issue. Through the years people have found that their voice is strengthene...
Living Constitution, The: Amending and Interpreting the Constitution
The Constitution changes more through interpretation than through the formal amendment process, although there have been periods when numbers of amendments have been passed in a short period of time. The language of the Constitution tends to be very...
Legal Precedent: Legislating from the Bench
Because the judiciary's duties are not defined in the Constitution, its role in the policy-making arena is often debated. The Supreme Court's mandate says Michael Perry, "is not to do justice as the justices understand justice....It is rather to mak...
Against the Grain: Drugs and the Drug War
Drugs in one way or another are involved in a significant percentage of the crimes committed today. Given the complex interaction of social and psychological factors that lead to drug use, not to mention the very different opinions people have about...
Rights of the Accused: Rules of Law
In 1966 Ernesto Miranda appealed a rape conviction to the Supreme Court and became the center of a landmark decision. His conviction was overturned on the basis that he had signed a confession without knowing he had the right to remain silent or hav...