Saturday, February 22, 2020

A clear and concise statement of the constitutional issue involved Essay

A clear and concise statement of the constitutional issue involved - Essay Example Following are some of the arguments why he still, though late has the right to demand justice at the U.S. Supreme Court. The Fifth Amendment to the Constitution of the United States refers that no person accused of crime may be compelled to bear witness against himself or herself as held in ‘State of New York, petitioner v. John SUGGS, respondent’ (2011). The Supreme Court of America has held that this rule is applicable not only on trials but also on police interrogations. Furthermore if the police officials want to question a suspect, he must be given the Miranda Rights. Here, Dylan was in the same situation of being in the police custody when he was questioned by the police officer Smith, and should have been given the Miranda Rights. Therefore, the very purpose of the Miranda Rights was violated while questioning Dylan. Again, the provisions of the 5th Amendment protect the appellant against the compelled self-incrimination and provides him with the right to a grand jury, where Dylan had been forced for self-incrimination. It has been stated in Bram v. United States (1897) that the de termination of the confession to be competent is done by applying the portion of Fifth Amendment, which states that â€Å"no person shall be compelled in any criminal case to be a witness against himself† (Bram v. United States, 1897). Fourth Amendment of the Constitution of United Sates, Citizenship Rights, Section (1), ratified in 1868, refers â€Å"No state shall make or enforce any law which shall abridge the privileges or immunities of citizens of the Unites States; nor shall any State derive any person of life, liberty, or property, without due process of law; nor deny to any person within its jurisdiction the equal protection of laws† (The Constitution of the United States). The provision of this Fourth Amendment had been violated while questioning Dylan. The evidence was obtained from him by illegal means and by violation of the Federal Constitution rights. The

Thursday, February 6, 2020

Philosophy Essay Example | Topics and Well Written Essays - 500 words - 5

Philosophy - Essay Example He is separate from the mere idea of God, in the sense that all reality is contained with Him. On this idea of perfection, there is a hierarchy of perfection that begins with the purely subjective and ending with the ultimate reality, which Descartes equates with God. Descartes believes people experience an idea of the most perfect being and that existence is more perfect than existence in thought alone. Using both of these premises, Descartes concludes that the most perfect being (that is, God) exists in reality, not merely in thought. The argument is intuitively appealing, since people tend to see existence as more perfect than nonexistent. Despite this intuition, however, an entity cannot possess a characteristic (such as â€Å"being perfect†) unless that entity already exists. Accordingly, those things that do not exist cannot retain the property of perfect or imperfection. Existence serves as a precondition of perfection, not as something that occurs simultaneous to it. D escartes thinks that it is impossible to conceive of a most perfect being that does not have the characteristic of existence. Nevertheless, people, in fact, have the idea of this most perfect being. Descartes argument begs the question by basing all of existence on God and then using the premise that existence in reality is more perfect than existence in thought alone.