Constitutional Rights before and after Arrest - Research Paper Example

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Constitutional rights before and after arrest Sandra Clay Kellie Callahan POL:303: The American Constitution Constitutional rights before and after arrest The theory of the United States Constitution was initially a resultant from the suppression of the general public who once suffered and tolerated the British rule…
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Constitutional Rights before and after Arrest
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Download file to see previous pages The sixth Amendment done to the Constitution of United States is the part of the Bill of Rights which put forward privileges associated to the prosecutions of the criminals. An arrest causes the withdrawal of an individual’s freedom by a police man or any individual with an officially authorized permission. Usually an arrest takes place when a person is alleged of carrying out a crime and therefore should be taken into custody. “Because an arrest is in effect a “seizure” it must conform to the probable cause and warrant requirements of the Fourth Amendment”(Otis.H.Stephens). According to the author arrests are frequently made in accordance to warrants build on initial inquiries so it is given out by a judge on apparent grounds. A court permits the investigation of a criminal activity by issuing a court order also known as writ. Therefore any investigation or arrest without a legal warrant is unfair and unconstitutional. A person has the right to demand as to why he is being arrested and the kind of allegation against him. An individual must see the warrant to be certain that his name exists on it and to confirm the charges. Moreover the person has the right to be informed of his constitutional rights also known as “Miranda rights” before he is interrogated after the arrest. These include the right to remain silent and refuse to cooperate without the consultation of your attorney as the police can utilize those answers against the person seized in the court. If an individual doesn’t meet the expense of a lawyer, he has the privilege to get a public defender without any cost and discuss his case with the attorney before further proceeding with the investigation. A person can also say no to every physical or medical test such as breathalyzer, lie detector etc. he also has the permission to contact any relative or important person to inform them about his arrest and so is allowed to make telephone calls. A person arrested with no warrant is required to be carried quickly before a court official for a credible hearing of the case. Most of the times suspects defend against arrest therefore the police might use physical force or violence to take them in custody. “The courts have generally recognized that the fourth amendment permits police to use only such force as is “reasonable” and “necessary” in effectuating an arrest” (Otis H.Stephens). Therefore the person being suspected should give in without much resistance and has the right to take legal action against the police if they violate this amendment. The fourth amendment has forbidden unfair investigations and seizures of individuals and their possessions without a legal warrant specifying the place to be explored or the person to be arrested. Now as discussed earlier the Fifth Amendment permits an individual to refuse giving a testimony that might convict himself both in judiciary and in answer to interrogation by the police. It also contains the clause of “Double Jeopardy’ in which it is not allowed to condemn a person twice for the same allegation. The sixth amendment however points out rights that are relevant in every criminal trial such as the right to an immediate and open hearing by an neutral panel ...Download file to see next pagesRead More
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