The Rights of Iraqis - Case Study Example

Having said that, it should also be noted that the Sedition Acts of 1798 prohibit any malice towards the government, or the Congress (American Government 4:11), including the expressions of dissent with the said authorities. Some states still strongly condone this acts, at least in their workings, and together with the state policies of the Main town prohibiting the desecration of the U.S. flag, Miss Nader's arrest is justified as she went against the set laws of the city in which she was operating.

America has always been a nation of liberty and freedom, and free speech is the cornerstone of this liberty. It's Constitution states that. It's laws state that, and the Fourteenth Amendment fortifies it by stating that no state can deprive Americans of the "equal protection of the laws" (American Government 9:26). However, there has always been a discrepancy when it comes to laws on paper and laws enacted. As American citizens we must respect the laws of the states we are living in, all the while being aware of our rights.

DQ2:The defense would largely be based on the Fourteenth Amendment which states that "equal protection of the laws" would be accorded to all American citizens (American Government 9:26), and as the Declaration implies, regardless of creed, ethnicity or religion. Suspecting the Mission Mosque without any grounds of doing so is in itself harassment in hatching, and its practical implication is its subsequent searching without any legal warrant. Based on these factors, the arrest of the boys, even though apparently based on criminal activity as defined by law, is ill-founded.

DQ3:The fact that the boys were distraught and shaken suggests that their confession thence made was not made in their absolute clear-mindedness and mental lucidity. In such a situation, providing them with Miranda rights and expecting them to comprehend them is too much to ask for, especially when both of them did not seem to comprehend them. Given the policeman's action of giving the boys false hopes of redemption, their confession can not be justified, and cannot be used against them to plead them guilty.

They were obviously coerced into a confession by the false hopes that they would be able to save their skins and the slight threat of their father finding out. Such measures used to illicit response and confessions are unlawful and confessions thus made can not be held against the boys. Keeping these factors in mind, there is a fair chance that the boys would not be pleaded guilty.