Imagine I am on vacation in India when I get into fight with another female. We are both drunk and things get physical quickly, and before you know it we are throwing punches back and forth. The cops arrive and break up our fight and as we are separated I see that I have broken her nose and jaw. As I am put into handcuffs, a million thoughts run through my mind. What is going to happen to me? Is being arrested in a foreign country different than in the United States? Will I get an English translator? Am I going to be charged with battery? What are my rights? All of these questions are things I would want to know if I were to ever be arrested in a foreign country. In India, whether or not you are an Indian citizen, when you are arrested you should be read your rights by local law enforcement. Under the Indian Constitution you have certain rights as a human being …show more content…
At the arraignment, a judge will tell me what the official charges brought up against me are. In this case, battery is a misdemeanor. In an article about Indian criminal law called What to do when you are Arrested, “if you are charged with a misdemeanor, you can plead guilty or not guilty at the arraignment.” Then, if the charges are not dropped, I follow the arraignment with a trail held in municipal court. While I wait for my trial to occur, I may or may not have a set bail to get me out of jail. Even though I am not a U.S. citizen, the Indian Constitution gives me the right to bail just like any other person. However, according to the Indian Corporate Counsel Association, “while dealing with the legality or otherwise of the said legal proceeding against sureties, an observation was made by Hon'ble Supreme Court that while granting bail to the accused foreign national, the Court could have imposed the condition to surrender his passport as a measure to prevent him to escape out of
The case of DPP v Carr is a fundamental case in evaluating arrest as a measure of last resort in the execution of a police officer’s duties. The brief facts of the case were that the defendant Mr. Carr was arrested for having insulted and hurled offensive words at the arresting officer. In the decision of the court it stated that “arrest ought to be the last resort and should not be done if the name and address of the defendant is known by the police and that one will not fail to honour summons issued” . The decision in DPP v Carr has been used as the yardstick under common law in determining the threshold for which a police officer uses before arresting a suspect. In the appellate decision despite having held that the arrest was lawful, it went ahead to declare that it was improper since the police officer had the option of issuing summons.
If a police officer fails to advise a suspect of their rights, they may still arrest the individual.
As a result of the Miranda case, all persons detained by the police should be informed of four things before being questioned:
“I do not believe that many American citizens . . . really wanted to create such immense human suffering . . . in the name of battling illegal immigration” (Carr 70). For hundreds of years, there has been illegal immigration starting from slavery, voluntary taking others from different countries to work in different parts of the world, to one of the most popular- Mexican immigration to the United States. Mexican immigration has been said to be one of the most common immigration acts in the world. Although the high demand to keep immigrants away from crossing the border, Mexicans that have immigrated to the U.S have made an impact on the American culture because of their self sacrifices on the aspiration to cross over. Then conditions
“You are in America, speak English.” As a young child hearing these words, it did not only confuse me but it also made me question my belonging in a foreign country. As a child I struggled with my self-image; Not being Hispanic enough because of my physical appearance and not being welcomed enough in the community I have tried so hard to integrate myself with. Being an immigrant with immigrant parents forces you to view life differently. It drives you to work harder or to change the status quo for the preconceived notion someone else created on a mass of people. Coming to America filled me with anxiety, excitement, and even an unexpected wave of fear.
Discuss the legal implications of the term in custody. If a person is in custody, under arrest, the police have to read them the Miranda Rights, especially if they want to question them and use it as evidence in their trial. If the person is not in custody, under arrest, the Miranda warning is not required and information the person gives will be used in a trial if the person is charged with the crime committed. In custody is usually ...
What does this mean to you? Well if you are ever arrested for being suspected of a crime, the police are legally obligated to advise you of your Miranda rights. If they do not do this and they start to ask you questions, and interrogate you, then anything you say cannot be used against you in court, and you could have the charges dropped. The police are not supposed to question you at all unless you have been read your Miranda rights and you then waive those rights. You can waive your rights either verbally tell the officer you waive your rights, or by signing a rights waiver form.
There are a few elements that need to be introduced before an arrest is taken place. These few elements are Seizures and detention, Intention to arrest, Arrest Authority and lastly understanding for the individual that they are being arrested. To discuss these elements it first starts with seizure and detention. Seizure and detention have a two-lane road which is actual, meaning that a person is taken into custody without using the use of force but very few touching is sometimes involved or by firearm, the other way is constructive which means when an individual's corporates with the officer peacefully. It is known that if neither of these exists the arrest isn't valid (Del Carmen). Another element of arrest is the intention to arrest. The intention to arrest clear means that the law enforcement officer has the intention to arrest individuals by words of mouth or with action taking place. Without the intentions to arrest on the scene it would also be considered invalid (Wadia Whalen). Also with the intention to arrest once words and action are taken place, the officer has to take the person down to the police station or before a judicial officer. The intention to arrest is quite hard to prove because it's whatsit in the officer mind. The other element listed above that is
Immigration is something that has been going on for decades. People immigrating to the United States are coming with the intentions of working for a better future. These people can come from Africa, Mexico, Europe, Afghanistan, Colombia, and many other countries all over the world. Instead of kicking these immigrants out of our country, we should give them the chance to prove themselves to the Americans that they are here to do better in life. Not by any means should we let just anyone come, but those who come looking for a better life and are willing to follow the rules should be given a chance.
The largest immigrant population in the world has been known to seek plenty of refuge, here in the United States. Although America is only the third most populated country in the world, we are known to be the “most populated” simply because of the growing amount of immigrants that come yearly. The immigration policy that is maintained here in the United States has always been a very argumentative topic. There is plenty to say on the mere and obvious differences in cultural lifestyles and issues, however it is arguable to say that the effects of the economy and immigration are quite easy to understand. Through analyzation of an economic perspective, there has been little to no support that is behind the notion that arrivals of immigrants and their labor practices have had a deliberate and harsh impact on the jobs that are available for Americans. My argument, along with further economic theory predictions and academic
The Miranda rights are the certain rights a suspect has when taken into custody. The Miranda Rights include: the right to remain silent, the right to an attorney, anything you say can and will be used in a court of law. The Miranda rights were established after the Supreme Court case called Miranda v. Arizona. Ernesto Miranda was under questioning by police and he confessed that he kidnapped and assaulted a woman. Ernesto was convicted of the crime in court because of his confession.
America claims to be a country of rights, freedoms, and equality, yet none are really granted. The right to pursue happiness that America so loudly advertises is a lie, if everyone truly had the right to pursue what makes them happy there would not be transgender people being beaten half to death for being who they are, or gay men being assaulted and ceaselessly harassed for who they love. If this country truly acted upon what it preaches then maybe it would be the great nation it claims to be.
Illegal immigration is getting into a foreign country without the required authentication or living beyond the period speculated within the authentication document. The world as a whole is facing a challenge on how to handle the cases of immigration. The latest development in immigration cases is what is currently happening in the Mediterranean Sea where Africans are migrating into Europe illegally. This paper will, however, not look into the case in Europe but rather what is happening in America at the moment. The paper will analyze immigration in America, why people immigrate to America and how the challenge can be mitigated without causing a lot of harm to the society. This paper will, therefore, take a keen interest what is happening on the America-Mexico border.
While immigration for our country is good the ability to become a legal citizen has become insanely hard therefore leading immigrants to illegally cross our border, which negatively impacts our country.
There is nothing quite like traveling, going someplace new and finding out more about the world and yourself. Anyone can become a traveler it just takes a little bit of faith and courage. Traveling across the world or even across the country is a learning experience. When you are a traveler you see how people live and how different cultures work. It is the best educational experience you could give yourself. You see how the world works in a way no one can teach you. Seeing different cultures and people help build the person you want to be. If you are a traveler the world influences you, because when traveling, you see the good and the bad, and you learn from the right and the wrong. I am very lucky that I am able to be a traveler and see this