When a person thinks about the government and the justice system, good thoughts are supposed to come into a person’s mind. The government should be portrayed as a number of caring individuals who want to serve justice the right way. However this is not the case. There are steps that the government must take in order to arrest someone or punish someone for a crime. To ensure that there are no violations in the rights, we have due Process. The role of the government is to protect the people and the government does not do a good job in making the rights of the accused important. The government protects the rights of the accused that are beneficial to the government. There needs to be improvements in searches and seizures, right to counsel and with self-incrimination, to better protect the right of the accused to a reasonable extent. There are certain ways that the government must go about searching someone’s property. The government says that the accused are protected from illegal searches; yet there are so many exceptions to this rule. The accused are supposed to be protected under the right to exclusionary rule. The exclusionary rule is used to have any evidence that is obtained illegally, be seen as inadmissible and be thrown out. All it takes for an official to not need to obtain a warrant to search is reasonable suspicion. As long as an official thinks or suspects that something is going on then they can search without a warrant.” Granting that in practice, the exclusion of evidence may be an effective of determining unreasonable searches it is not for the court to condemn as falling below the minimum standard.”(“Enforcing the Fourth Amendment: The Exclusionary Rule). The government easily shows its selfishness. The government’s main focus is how they might look instead of the real problem. The government needs to put the importance of the exclusionary rule and protecting rights that may be violated by officials every day. Everyone cannot pay for counsel, let alone good counsel. The government does provide those who re accused, a lawyer, if they cannot afford one for any specific or non-specific reason. However the attorneys who are appointed to people who cannot afford one are examples of poor representation. “Poor people get what they pay for in lawyers, nothing”. (Glaberson, William. “The Right to Counsel: Woman Becomes a Test Case”) Because the accused persons aren’t coming out of pocket and paying for the lawyers themselves, the attorneys do not put any effort in trying to have the person be found innocent. These public defenders could care less, “you just develop this nausea for a file and you would do anything to stay away from it.” (Glaberson, William. “The Right to Counsel: Woman Becomes a Test Case”). These lawyers demonstrate a lack of care or interest in these people’s cases. Just because the government is paying for these lawyers they do not take any pride or dignity in their work. The government requires that people have an attorney if they cant afford one, now the quality of this defender is not considered just as long as the government can say that they provided these individuals with an attorney. Often times when given the opportunity to speak in one’s own defense people often make the mistake in saying the wrong thing. In court cases the same situation occurs and this is why the government gives the accused the right to not have to testify in their own trial. The right is the protection of self-incrimination. The courts feel that a person has the right to not incriminate himself or herself
Amendment has been held to mean that generally a warrant must be judicially sanctioned for a search or an arrest. In order for such a warrant to be considered reasonable, it must be supported by probable cause and be limited in scope according to specific information supplied by a person (usually a law enforcement officer) who has sworn by it and is therefore accountable to the issuing court. However, a dissenting school of thought often found in the opinions of Justice Antonin Scalia is that searches must…
abuse concerns, confidentiality, search and seizure, parental custody, and First Amendment interpretation are some of the main legal and ethical issues facing our school according to my principal and assistant principal.
My principal’s previous experiences were as a business owner, college leader, school counselor and church member. He has over thirty years of experience. He highlighted issues of parental custody and student discipline as those that affect our school the most. Reflecting on a recent…
both federal and state criminal prosecutions. Similarly, while some states excluded unlawfully obtained evidence in criminal cases prior to the 1960s, most did not. Exclusion became the norm in all criminal cases involving violations of the search and seizure provision of the Fourth Amendment.
The United States Supreme Court's construction of constitutional rights superseded state law and soon dominated the national debate, as seen clearly in the confession cases dealing with the right to remain…
Public school searches
Date: June 6, 2013
1. The issue is whether public school officials have the authority to perform strip searches of students in suspicion of hiding illegal drugs.
2. The issue is whether public school districts can perform random drug screening of students who participate in school athletic programs under state or federal law.
II. Brief Answers
1. No. Strip searches of students in public schools of students are completely…
Indians were forcibly removed from their lands (John Ross & Principles of the Constitution # 7
- Individual Rights and Amendment s 4, 5& 9)
Andrew Jackson did not uphold the Supreme Court’s decision (federal government versus
state government) (Federalism, Article 3, Sections 1&2)
Individual economic interests ( great farm land, and found gold on land) versus Indian rights
(Article 3, Sections 1&2, Amendment 5)
3. Which aspect of the first amendment to the Constitution…
establishment of religion.”
Clause 2: Free Exercise- Prohibits government from unduly interfering with the free exercise of religion.
Parochial schools- Schools operated by a church or religious group
Secular – Non religious
Have clear secular, non religious purpose.
In its main effect neither advance nor inhibit religion
Avoid “excessive government entanglement with religion”
Engel v. Vitale- New York urged public schools to use a nondenominational prayer.
Freedom of Speech
The Fourth Amendmet
March 21, 2011
Amendment Number IV
Amendment number IV was added to Constitution of the United States on December 15,
1791. This amendment gives the people of the United States protection from government
agencies and other agencies from entering or searching their homes, and their own private
property without a search warrant. Search warrants are obtained by a government official, in
most cases a detective…
New Jersey v. T.L.O:
Question:Did the search violate the Fourth and Fourteenth Amendments?
Decision: The decision of this case was a 5 to 3 vote for the State of New Jersey..
Majority:The decision was a majority decision because they agreed that students don't have privacy for the item they taking into school grounds. The reason for this decision is because the student made the decision to bring inapropriate items into school grounds. A teacher obtaining a warrant before ssearching a suspicious…
drugs in a school setting. Zero Tolerance has since come to refer to school or district wide policies that mandate harsh consequences or punishments for various rule violations. Regularly, zero tolerance policies pertain to drugs, weapons, violence, smoking and disruption in an attempt to protect student’s safety and maintain an environment conducive to learning. Some teachers and staff are in favor of zero tolerance because they believe it will filter the bad student’s out of the school. They believe…
innovation in technology has allowed for the government to conduct warrantless searches around the clock. In a world besieged with perception of terror, the private protections of the Fourth Amendment continue to wane since September 11, 2001.
The Fourth Amendment is weaker than it was 50 years ago, and this should worry everyone. “Uncontrolled search and seizure is one of the first and most effective weapons in the arsenal of every arbitrary government,” Justice Robert H. Jackson, the former chief…