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A lot of people argue that immigrants should not have the same rights as an American citizen, but that idea is not so American, is it? America is known as the land of the free,but if people who come here to make a life for themselves, legally, are denied of their rights we are selling false hope. When the Constitution was written, the founding fathers had everyone in mind, but now people are starting to tweak that idea. If memory serves well, the 5th Amendment explicitly states that no person shall be be held to answer for a crime unless a jury is present nor should be compelled in any criminal case to be a witness against himself. Note that it says no person, it does not say everyone excluding foreign nationals. One might argue that the Constitution does not apply to non-citizens but that is not necessarily true. The Bill of Rights, which is part of the Constitution, protects the rights of every human being on American soil. Now, if the subject of the matter were extraterritorial beings, this would be another argument. In an article by Macleod, she wrote a very important fact, “..a non-citizen is informed of her rights after the interrogation” (13). What does not make sense is the fact that non-citizens are interrogated and questioned like any other suspect would but without the rights. That is ridiculous. People may argue that terrorists who are sometimes non-citizens definately do not deserve these Miranda Rights, but what happened to the “innocent until proven guilty ” concept? In some cases, those so called “terrorists” are victims, just innocent people who were set up. Emily Bazelon brought up a controversial point, “Republicans in Congress denounced the Obama administration for going soft” (9). Although this statement w... ... middle of paper ... ...Care That No One’s Reading Dzhokhar His Miranda Rights?” Slate.com. The Slate Group, 19 April. 2013. Web. 20 Feb. 2014. Karns, Stephen P. "Rights of the Accused in Military Proceedings." Rights of the Accused in Military Proceedings. N.p., n.d. Web. 24 Mar. 2014. Macleod-Bell, Kristin. “Immigrants Deserve Miranda- Like Warnings When Arrested.” Immigration Impact. Immigration Impact, 28 Feb. 2013. Web. 20 Feb. 2014 “Do Noncitizens Have Constitutional Rights?” Slate.com. The Slate Group, 27 Sep. 2001. Web. 22 March. 2014. Tanton, John. “Illegal Aliens Should Not Have The Same Rights Of Citizens.” The Christian Science Monitor. The Christian Science Monitor, n.d. Web. 20 Feb. 2014. Zennie, Michael. "Bin Laden's Son-in-law Claims He Was Disoriented during Interrogation. Mail Online. Associated Newspapers, 09 Oct. 2013. Web. 22 Mar. 2014.
Miranda rights are the entitlements every suspect has. An officer of the law is required to make these rights apparent to the suspect. These are the rights that you hear on every criminal investigation and policing show in the country, “You have the right to remain silent, anything you say may be used against you, you have the right to consult an attorney, if you can no t afford an attorney one will be appointed for you.” After the suspect agrees that he or she understands his/her rights, the arrest and subsequent questioning and investigation may continue. These are liberties that were afforded to suspected criminals in the Miranda Vs Arizona. However, with every rule there also exceptions like: Maryland v. Shatzer, Florida v. Powell, and Berghuis v. Thompkins.
The Constitution guarantees that no person shall be deprived of life, liberty, or property without being taken to court for a fair trial, but that means nothing if the people are not willing to uphold it (Fifth Amendment).
Friedman, L. S. (2010). What Is the State of Civil Liberties in the United States?. Civil liberties (pp. 11-49). Farmington Hills, MI: Greenhaven Press.
...e police officers. Miranda established the precedent that a citizen has a right to be informed of his or her rights before the police attempt to violate them with the intent that the warnings erase the inherent coercion of the situation. The Court's violation of this precedent is especially puzzling due to this case's many similarities to Miranda.
5. Murphy, G. (1996, October 16). Historical Documents: The Bill of Rights. Cleveland Free-Net. Retrieved April 23, 2004 from the World Wide Web: http://www.lcweb2.loc.gov/const/bor.html
Feinberg, J. “ The Nature and Value of Rights.” Journal of Value Inquiry 4(1970): 243
Schultz, David, and John R. Vile. The Encyclopedia of Civil Liberties in America. 710-712. Gale Virtual Reference Library. Gale Virtual Reference Library, n.d. Web. 18 Mar. 2010. .
Ms. Vanklausen relies on primary and secondary sources with strong credentials in the realm of the constitution, law, public policy, and Americans’ right to freedom (Cato Inst., n.d.; Wikipedia, 2010) to support her argument. The authors have been published in a variety of respected periodicals as well as writing books on these topics. Her sources cite the expert opinions of Supreme Court Justices Sandra Day O’Connor and Antonin Scalia (“Can U.S. Citizens Be Held as Enemy Combatants”, Reinking & von der Osten, 2007, pp. 228, 231-233), who are entrusted with the ultimate responsibility to interpret our nation’s constitution and apply this standard to arguments brought before the Court when the rule of law is in question. Ms. Vanklausen also employs excerpts from the Bill of Rights to clarify the protections these individuals are not permitted in this situation. She provides a quotation by Thomas Jefferson, and notes decisions by the U.S. Supreme Court, the Second Circuit Court, and Federal Court Judge Mukasey. She also refers to established truths upon which Americans depend as signs of their freedom, such as “The foundation of liberty has always rested on the resistance to the idea of arbitrary imprisonment by an executive. (Reinking & von der Osten, 2007)
Do the First and Fourth Amendments Protect?" Current Issues & Enduring Questions: A Guide to Critical Thinking and Argument with Readings. Ed. Sylvan Barnet and Hugo Bedau. 5th ed. Boston: Bedford/St Martin's, 1999. 316-324.
Firstly, Immigrants are in need of help, and help is what we should be offering them. America is known as the land of opportunity, but how are we giving immigrants chances to live in America when we are banning them from it? Refugee Patrick Ngalamulume says, "This is why I have this strong belief that the United States is the ‘land of the free', and
Miranda v. Arizona is a very important activist decision that required police to inform criminal suspects of their rights before they could be interrogated. These rights include: the right to remain silent, that anything you say can and will be used against you in a court of law, you have a right to an attorney, if you cannot afford an attorney one will be appointed to you be the court. In this case the Fifth Amendment's right that a person may not be forced to incriminate one's self was interpreted in an activist way as meaning that one must be aware of this right before on is interrogated by the police. Prior to this ruling it was common practice to force and coerce confessions from criminal suspects who did not know they had the right not to incriminate themselves.
I hope in this paper I have made people more aware of what exactly are the Miranda rights. It is very crucial to understand these incase you are involved in an interrogation sometime in ones life. You have the rights afforded to you under the constitution, and it is important you exercise those rights.
The Fifth Amendment of the U.S. Constitution provides, "No person shall be held to answer for a capital, or otherwise infamous crime, unless on a presentment or indictment of a grand jury…nor shall be compelled in any criminal case to be a witness against himself, nor be deprived of life, liberty, or property… nor shall private property be taken for public use, without just compensation"(Cornell). The clauses within the Fifth Amendment outline constitutional limits on police procedure. Within them there is protection against self-incrimination, it protects defendants from having to testify if they may incriminate themselves through the testimony. A witness may plead the fifth and not answer to any questioning if they believe it can hurt them (Cornell). The Bill of Rights, which consists of the first ten amendments to the U.S. Constitution, enumerates certain basic personal liberties. Laws passed by elected officials that infringe on these liberties are invalidated by the judiciary as unconstitutional. The Fifth Amendment was ratified in 1791; the Framers of the Fifth Amendment intended that its revisions would apply only to the actions of the federal government. After the Fourteenth was ratified, most of the Fifth Amendment's protections were made applicable to the states. Under the Incorporation Doctrine, most of the liberties set forth in the Bill of Rights were made applicable to state governments through the U.S. Supreme Court's interpretation of the Due Process and Equal Protection Clauses of the Fourteenth Amendment (Burton, 2007).
Since the beginning of American history, citizens who resided the country lacked the basic civil rights and liberties that humans deserved. Different races and ethnicities were treated unfairly. Voting rights were denied to anyone who was not a rich, white male. Women were harassed by their bosses and expected to take care of everything household related. Life was not all that pretty throughout America’s past, but thankfully overtime American citizens’ civil liberties and rights expanded – granting Americans true freedom.
“Everywhere immigrants have enriched and strengthened the fabric of American life,” was the words of former American president, John F. Kennedy (American Immigration: Quotes about Immigration). Immigrants have been in America for many years now. Today many people have different opinions about whether immigrants should be allowed into America freely, or if there should be more harsh regulations to those coming into the country. After September 11, people have been afraid, or scared of foreigners coming to America. “Today a wide-open door is an invitation to national disaster,” was said by FAIR (American Immigration: Quotes about Immigration). I believe this quote is very wrong. People come to our country to find a better place to live, and have a family. They come here for the opportunities, the jobs, and for the pleasures of all the freedom America has to offer. I believe immigrants should freely be able to come into America.