The Fifth Amendment Is Falling Victim - 894 Words

In my life no one has ever made the attempt to censor my speech or written word. I have never been imprisoned with or without a speedy trial. No soldier has ever been quartered in my home and property has never been confiscated. No lawsuit has ever been brought against me and certainly not one where I am dealing with a corrupt judge. This is a testament to the power and enduring strength of the constitution, its existence negates its applicability to my life. However, this only continues to be the truth as long as a well educated population makes the constant choice between individual rights and expediency, between freedom and security. I fear that the seventh amendment is falling victim to a lack of such necessary vigilance and examination. Ratified in 1791, the seventh amendment protects the right to trial by jury in civil cases and for most of its history it has fulfilled its intention in this role. Unlike many other amendments, the seventh is not one that has not often been directly challenged. From its inception it has remained largely unchanged except for small practical adjustments. The seventh is not considered as essential to the protection of liberties and freedoms and this is reflected by it not being subordinated to the states. The seventh amendment’s efficacy is brought to question by rulings related to mandatory arbitration. An early case of this was in Gilmer v Interstate/Johnson Lane Corp. it was decided by the lower courts that Gilmer who wantedShow MoreRelatedFederal RICO Statutes Essay1615 Words   |  7 Pagesthey were in the did planning or organizing of the crime. With the development of RICO, it is now possible to hold numerous affiliates accountable for the crimes they have committed or constructed. It could be argued that RICO undermines the Fifth Amendment in the areas of due process yet RICO is proving to be a most beneficial Act for our growing Nation, courts, and legal system. Now there is a much broader ability to find racketeering affiliates guilty, in order to ensure a crippling blow to organizedRead MoreThe Legacy Of Magna Carta1205 Words   |  5 Pagesroutinely detain people on the slightest suspicion and even seize their property for no justifiable reason. The fear of falli ng victim to the government or the monarchy led the 13th century English barons to barons to rebel and force King John to sign Magna Carta at Runnymede. The principles of liberty enshrined in Magna Carta inspired the American Revolution and the Fifth Amendment. The colonists rebelling against the English crown justified their actions arguing they were entitled to the same rightsRead MoreTopic: Should the Rights of the Accused Be Curtailed?2915 Words   |  12 Pagesconstitution, made a special emphasis on the rights of the accused in order to protect the individual from tyranny and unjustly convictions. Now as time progresses, we must question if the constitution protects the rights of the accused more than its victims and if so how can we go about striking the balance between the two. History The Framers of the constitution carried a great deal of baggage with them regarding government. Coming out of Britain, where the government represented tyrannyRead MoreEthics Or The Virtue Theory2029 Words   |  9 Pagesdisclosure of wiretaps could tip off potential terrorists of the law enforcement communities intentions to thwart a potential terrorist attack (Pike, 2013). While this started off with good intentions it violated the protections afforded by the Fourth Amendment, and it made it easier for law enforcement officials to target people and without sweeping changes after the programs disclosure, it had the potential to be used to target impoverished neighborhoods and minorities. When an individual is accused ofRead MoreThe Equal Protection Clause Of The Fourteenth Amendment3764 Words   |  16 PagesThe equal protection clause of the Fourteenth Amendment to the Constitution was at first created to protect against racial discrimination, but the Supreme Court later expanded the clause to also providing equal treatment amongst different races. The clause says, â€Å"No state shall†¦deny to any person within its jurisdiction the equal protection of the laws† (U.S. Constitution. Art./Amend. XIV, Sec. 1.) A person could not be discriminated upon solely because of his or her race and if the law treated aRead MoreThe Effects Of Mandatory Arrests On Domestic Violence Essay3578 Words   |  15 Pageswere created to help victims, the solution of mandatory arrests in domestic violence incidents, led to many negative consequences; putting many women in danger, rather than helping them (Iyengar). Though designed to deter violence by offenders, mandatory arre st laws make women more vulnerable to being arrested themselves, lead abuse in domestic violence disputes to become more severe, and deter women from reporting violence to police (Strout). The mandatory arrest law, falling under the Violence AgainstRead MoreThe Importance of New Zealand’s Forestry Industry Essay1396 Words   |  6 Pagesworkers. (MPI, 2014). The Industry is one of the most dangerous working environments according to Bentley, Parker, Ashby, Moore, and Tappin, (2002), due to the utilisation of hazardous machinery, as well as the added dangers of uneven terrain, and falling logs or debris (ACC, 2007). The frontline forestry workers may have been working under substandard health and safety conditions, explained by Slappendel, Laird, Kawachi, Marshall, Cryer, (1993), due to the lack of oversight or regulation on theRead MoreThe French American Alliance And Connection Is One That1754 Words   |  8 Pagesrespective socio-political contexts. Historically, France has had a much harder and rockier road to established democracy than America. France’s government has been through many phases characterized as the Five Republics. The constitution of the Fifth Republic (which is in place today) was drawn up several weeks after Gen. Charles de Gaulle was invested as the last prime minister of the Fourth Republic. The new constitution, which was adopted by an 80 percent vote in a popular referendum heldRead MoreCriminal Justice Research Paper6315 Words   |  26 Pagesreasonable suspicion to expand the detention, and a positive drug dog sniff provided basis for search of vehicle. Im not aware of reason that the interpretation of the 4th Amendment would be any different in Oklahoma than it is in any other state. All states have to follow the US Supreme Courts decisions on 4th Amendment issues. It would be true that once an officer has conducted a pat down search and determined that there are no weapons, he is not allowed to go further in searching withoutRead MoreEssay about Gang Injunctions10585 Words   |  43 Pagesthe seminal gang injunction case, where the Court upheld a gang injunction as constitutional.50 In Acuna, a gang injunction had been issued by the Superior Court, but the Court of Appeal found that the injunction violated the First, Fifth, and Fourteenth Amendments to the Constitution primarily because its provisions were â€Å"unconstitutionally vague or overbroad.†51 Fifteen out of the twenty