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Thoughts 2 - Essay Example

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Thoughts 2 Name of the Student History and Political Science Name of the Concerned Professor July 19, 2013 Thoughts 2 1) I certainly agree with the paragraph. The United States of America is a civilized society and in any civilized society, the low affiliates to a due process…
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Thoughts 2

Download file to see previous pages... Forcing an accused to depose against oneself under the threat of physical or emotional abuse is contrary to all the essential values attributed to a free and fair trial. The paramount concern is the case of involuntary confession is not that whether the confession is true or false, but whether it was solicited by using fair means or whether it was achieved through threat and violence. Besides the provisions made in the United States Constitution go against involuntary confession and consider it to be wrong and illegal. The right to counsel facilitated by the Sixth Amendment and the right against self-incrimination facilitated by the Fifth Amendment go against the coerced confessions and as per these amendments, any confession wrenched out through coercion is illegal. 2) I totally agree with the given paragraph. It is the nature of human physical and mental constitution that it is averse to pain and by extending a pain that is physical or emotional in its scope, beyond a limit that is conducive to human tolerance, one could draw out any inappropriate or unethical confession from an accused. Hence, going by the fact that there ought to be a limit to the force and the method that a police officer could resort to, to gain a confession from an accused, for otherwise the laws pertaining to soliciting confessions from the accused will be but a mere mockery of the due process. Thereby it is imperative to set a limit pertaining to the extent and the method beyond which a confession ought to lose its legal and ethical validity. In that context the method used by the officer to get a confession from an accused and the impact of that method on the accused need to b e codified and restrained by legal provisions, as has been done in the United States Constitution. In 1966, the Supreme Court made provision for the Miranda warnings that govern the methods that could be resorted to by a police officer to gain a confession from the accused. The Miranda warnings not only extend to an accused the right to remain silent, but it also enjoins on the police officer making an arrest to clearly convey these rights to a suspect or an accused. 3) I strongly agree with the given paragraph. It is a staunch Western philosophical and ethical dogma that all men are born equal. However, in a pragmatic context, it is a known fact that all men are not born equal and the individuals tend to immensely differ in a range of contexts and abilities, are they race, education, social status, material wealth or access to power. However, the dogma that all men are born equal is of paramount relevance in the sphere of law for it is before law that not only all men ought to be equal, but it is also a must that they have an equal access to legal aid and remedies. Hence, it is important for the law and order machinery to assure that all the accused that come before it for a trial do get access to the requisite legal counsel. For in the absence of such a provision, the Western imperative of the equality of all men will lose its meaning or significance and law will become but a convenient tool in the hands of the rich and the powerful which they could readily use to absolve themselves of the wrongs they do or could use it to persecute others who are not powerful or rich enough to have a say before the law. The Western legal approach is based on the equality ...Download file to see next pagesRead More
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