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A clear and concise statement of the constitutional issue involved - Essay Example

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A close analysis of the case shows that a clear and concise constitutional issue is involved in the case Dylan v. State Colorado. It is evident that the Trial…
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A clear and concise statement of the constitutional issue involved
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A clear and concise statement of the constitutional issue involved

Download file to see previous pages... Following are some of the arguments why he still, though late has the right to demand justice at the U.S. Supreme Court.
The Fifth Amendment to the Constitution of the United States refers that no person accused of crime may be compelled to bear witness against himself or herself as held in ‘State of New York, petitioner v. John SUGGS, respondent’ (2011). The Supreme Court of America has held that this rule is applicable not only on trials but also on police interrogations. Furthermore if the police officials want to question a suspect, he must be given the Miranda Rights. Here, Dylan was in the same situation of being in the police custody when he was questioned by the police officer Smith, and should have been given the Miranda Rights. Therefore, the very purpose of the Miranda Rights was violated while questioning Dylan. Again, the provisions of the 5th Amendment protect the appellant against the compelled self-incrimination and provides him with the right to a grand jury, where Dylan had been forced for self-incrimination. It has been stated in Bram v. United States (1897) that the determination of the confession to be competent is done by applying the portion of Fifth Amendment, which states that “no person shall be compelled in any criminal case to be a witness against himself” (Bram v. United States, 1897).
Fourth Amendment of the Constitution of United Sates, Citizenship Rights, Section (1), ratified in 1868, refers “No state shall make or enforce any law which shall abridge the privileges or immunities of citizens of the Unites States; nor shall any State derive any person of life, liberty, or property, without due process of law; nor deny to any person within its jurisdiction the equal protection of laws” (The Constitution of the United States). The provision of this Fourth Amendment had been violated while questioning Dylan. The evidence was obtained from him by illegal means and by violation of the Federal Constitution rights. The ...Download file to see next pagesRead More
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