StudentShare
Contact Us
Sign In / Sign Up for FREE
Search
Go to advanced search...
Free

Schmerber v. California Case - Assignment Example

Cite this document
Summary
The assignment "Schmerber v. California Case" focuses on the critical analysis of the major issues in the case of Schmerber v. California. The Los Angeles Municipal Court of the Criminal offense found Schmerber guilty of driving while intoxicated…
Download full paper File format: .doc, available for editing
GRAB THE BEST PAPER94.4% of users find it useful
Schmerber v. California Case
Read Text Preview

Extract of sample "Schmerber v. California Case"

According to the court, "[T]he prohibition of compelling a man in a criminal court to be a witness against himself is a prohibition of the use of physical or moral compulsion to extort communications from him, not an exclusion of his body as evidence when it may be material”. While accessing the privilege under Fourteenth Amendment, the court also judged the withdrawal of petitioner’s blood against “the right of a person to remain silent unless he chooses to speak in the unfettered exercise of his own will, and to suffer no penalty….for such silence”.

The petitioner was driving with his companion and because of being intoxicated, he struck a tree due to which, he and his companion got injured. While being treated for the injuries at the hospital, he was arrested on account of intoxication while driving. His blood sample for the test of intoxication was extracted against his will with the help of a physician because the officer found him drunk. The search and seizure were not unreasonable. The petitioner was informed about his right to get an attorney’s counsel, but a blood sample was taken against his will. According to the petitioner, his rights under the Fourteenth Amendment, Fourth Amendment, Fifth Amendment, and Sixth Amendment were violated due to which, the evidence of his blood sample should be rejected. However, the Appellate Department of California Superior court affirmed the conviction and rejected his contentions. According to the court, there is no ‘compelling communication’ or ‘testimony’ that violates the petitioner’s rights, and any compulsion with the support of which, ‘real or physical evidence’ is obtained about a suspect, is not a violation of privileges. The cases applicable here are Malloy v. Hogan, Holt v. United States (1910), and Miranda v. Arizona (1966).

The Los Angeles Municipal Court of the Criminal offense decided that Schmerber was guilty of intoxicated driving and the Appellate Department of California Superior court confirmed the conviction. Therefore, as per the court, the petitioner’s constitutional right of self-incrimination was not violated.

Read More
Cite this document
  • APA
  • MLA
  • CHICAGO
(“Brief #5 Assignment Example | Topics and Well Written Essays - 500 words”, n.d.)
Retrieved from https://studentshare.org/law/1682587-brief-5
(Brief #5 Assignment Example | Topics and Well Written Essays - 500 Words)
https://studentshare.org/law/1682587-brief-5.
“Brief #5 Assignment Example | Topics and Well Written Essays - 500 Words”, n.d. https://studentshare.org/law/1682587-brief-5.
  • Cited: 0 times

CHECK THESE SAMPLES OF Schmerber v. California Case

IBD- Crohn's Disease and Ulcerative Colitis

This essay talks about the inflammatory bowel disease which covers a group of disorders in which the intestines become inflamed probably as a result of an immune reaction of the body against its own intestinal tissue.... Ulcerative colitis and Crohn's disease are two major types of IBD.... ... ... ...
10 Pages (2500 words) Essay

Euthanasia - the Challenge for Society in the New Millennium

This is the case when the patient is in coma or unable to choose between a meaningful life and dignified death.... Santa Barbara, california: ABC-CLIO.... Perceiving euthanasia from the mere literal translation of the word euthanasia does not five cause for any of the concern associated with its use for it literally means “good death”, or death without suffering....
3 Pages (750 words) Essay

Search warrants and warrantless searches, can either make or break a criminal case

These warrants form a very vital part in any of these case proceedings.... This paper is going to analyze whether warrants can either influence a criminal case in the.... hen a certain case from the archive is checked; Kentucky v.... hen the case was heard by the Kentucky Supreme Court, the evidence was suppressed....
5 Pages (1250 words) Research Paper

Ownership of Human Tissues

The paper "Ownership of Human Tissues" highlights that as human cells and tissue samples become increasingly important in academia and health research, the controversy surrounding the rights to control of their use, change of ownership, and disposition increases.... ... ... ... The human body tissues and cells, whether intact or removed cannot just spring forth and become the property of a laboratory or an individual researcher without having a proper exchange of property rights....
10 Pages (2500 words) Essay

Carrolls Pyramid of Corporate Social Responsibility based on Thames Water

The main purpose of the study is to highlight the corporate social responsibility activities that are undertaken by Thames Water, a company in London.... Additionally, the role of Thames Water is critically analyzed in terms of Carroll's pyramid of Corporate Social Responsibility.... ... ... ... In order to explain the Corporate Social Responsibility activities of Thomas Water in terms of Carroll's pyramid, the framework is explained briefly....
8 Pages (2000 words) Case Study

Illegal Immigration in the US

The paper "Illegal Immigration in the US" highlights that immigration laws have certainly resulted in a situation where many illegal immigrants live and work in the United States, but it is also an issue that has been blown out of proportion by the media and politicians.... .... ... ... Illegal immigration is a crime that victimizes the American population as it affects their way of life; thus, the issue should be given utmost attention and study....
8 Pages (2000 words) Research Paper

Criminal Justice/Supreme Court Case Project: Individual Rights Perspective v. Crime Control Perspective

In this case, the defendant has the right to remain silent during interrogation.... The case was decided in 1991.... This is why the police officers requests to search The case was decided in 1981.... In this case, the police officers violated the defendant's rights by obtaining a confession from him in the absence of his lawyer.... he case was decided in 1969.... he case was decided in 2011....
2 Pages (500 words) Essay

How Can Renewable Energy Reduce Global Warming

"How Can Renewable Energy Reduce Global Warming" paper argues that using renewable energy in place of fossil fuels can help reduce effects associated with global warming.... At present, people are over-dependent on fossil fuels to drive their cars, power and heat their homes, and to manufacture goods....
8 Pages (2000 words) Coursework
sponsored ads
We use cookies to create the best experience for you. Keep on browsing if you are OK with that, or find out how to manage cookies.
Contact Us