Rights of the Accused

Rights of the Accused The phrase due process implies that laws should be practiced justly and equally to each person, particularly a citizen who becomes accused of a crime. The whole due process originated from founders of the United States, following their colonial experience (Kime, 2011).Advertising We will write a custom research paper sample on Rights of the Accused specifically for you for only $16.05 $11/page Learn More The founders realized that it was both impossible for democracies to work and individuals be secured unless those accused of crimes obtained the due process of law, through establishing the rights of the accused. They wanted to establish ways of guarding persons against aggressive actions of the state. Therefore, many rights of the accused became established in the in the Bill of Rights as 4th, 5th, 6th and 8th amendments, in order to make it hard for the state to deny people their freedom. Other rights can be found on Article 1, although, the 4th, 5th, 6th and 8th amendments provide for the most rights. These rights of the accused suppose that each person is innocent unless proven guilty (Patrick, 2001). Besides, in 1960, the Supreme Court added to the rights of the accused through establishing that the government should offer an attorney for the accused, whereby the individual can not afford such services. Since then, the rights of the accused have incessantly received enhancements, in courtrooms. Explain how Due Process Protects the Accused against Abuses by the Federal Government The due process protects the accused against abuses by the federal government through several processing steps. First, the 4th amendment deprives of the federal government the right to make broad searches and seizures of possessions. The amendment restricts the police to search the arrested person and places that the arrested can have direct control. This amendment, also, prohibits imprisonment devoid of any logical grounds. Second, the 5th amendment depri ves of the federal government the right to force words to the accused, as they have a right to remain silent (Coldrey, 1991). According to the Supreme Court, unconscious or involuntary confessions can not be applied in federal courts although some state courts fail to abide by this provision.Advertising Looking for research paper on administrative law? Let's see if we can help you! Get your first paper with 15% OFF Learn More Also, the 5th amendment stipulates that an individual should not be accused of a severe crime devoid of investigations by the grand jury. Besides, the amendment prohibits double jeopardy, which means taking a person to trial for a second time due to an earlier crime. The exclusionary rule can be allied to the 4th and 5th amendments, as it supports the notion that evidence that gets collected illegally cannot be applied during a trial. One key notion of this rule is that evidence by the police is acceptable as long as the police can prove they obtained such evidence legally. Third, the 6th amendment orders the federal government to provide assistance of counsel for the defense of accused persons who can not afford such services (Patrick, 2001). Also, the amendment creates room for the accused to be informed of charges. Lastly, the 8th amendment forbids bizarre and brutal punishments, as in the English law. However, the most contentious matter that falls under the 8th Amendment is capital punishment, or the act of giving death sentences to persons who turn out to be guilty of serious crimes. The Supreme Court stipulates that individual states have the authority to practice their own policies on capital punishment. However, the court cautions these states to observe farness and consistency when conducting death penalty. References Coldrey, J. (1991). The right to silence: Should it be curtailed or abolished? Anglo-American Law Review, 20, 51-52. Kime, S. (2011). How the conflation of compulsory process and due process guarantees diminishes criminal defendants rights. American Criminal Law Review, 48, 112-160.Advertising We will write a custom research paper sample on Rights of the Accused specifically for you for only $16.05 $11/page Learn More Patrick, J. (2001). The supreme court of the United States: A student companion. Oxford New York: Oxford University Press.

Cómo Estás and Other Spanish Greetings

Cà ³mo Ests and Other Spanish Greetings  ¿Cà ³mo ests? How are you? With that simple line - its pronounced KOH-moh ess-TAHSS - you can greet almost any Spanish speaker youve met before. Add to that these phrases below, and youll be well-positioned to make a good first impression wherever you go in Spain or most of Latin America. Spanish Greetings and Similar Phrases Phrases in common use can vary with location and sometimes with age or social status. But except where indicated, those listed below can be used appropriately in almost any situation. Pronunciations given are approximate; in all pronunciations below, the th is pronounced as in this, and the oo is pronounced as in boom. Hola - Hello, hi - OH-lah -   This greeting is suitable in both formal and informal contexts.Hola, alà ³, jalà ³, bueno, diga - Hello (on the telephone) - OH-lah, ah-LOH, hah-LOH, BUEH-no, DEE-gah -   The choice of telephone greeting varies from location to location. Hola would be understood anywhere but is not customary in many places.Adià ³s - Goodbye - ah-THYOHSS  -   An informal alternative in many areas is chau (pronounced chow, sometimes spelled ciao, from Italian). ¿Cà ³mo ests?  ¿Cà ³mo est? - How are you? - KOH-moh es-TAHSS, KOH-moh es-TAH - The first form (which is informal) normally would be used with someone you know on a first-name basis or when speaking with a child. The second form generally would be used in other situations. Usage can depend quite a bit on where you are; in some areas, the informal form (ests) would be expected where under the same circumstances the formal form would be used in other areas. If youre a foreigner, chances are no one will criticize you for using the wrong form, although you may be politely corrected. Muy bien, gracias - Very well, thank you  - mwee-vyenn GRAHSS-yahss.Buenos dà ­as - Good day, good morning - BWEH-nohss DEE-ahss -   In some areas, a shortened form, buen dà ­a, is used.Buenas tardes - Good afternoon, good evening - BWEH-nahss TAR-dess -   In most areas, buenas tardes should be used in the early evening in preference to buenas noches.Buenas noches - Good night - BWEH-nahss NOH-chess -   Unlike the English translation, buenas noches can be used as a greeting as well as a farewell. ¿Cà ³mo te va?  ¿Cà ³mo le va?  ¿Quà © tal?  ¿Quà © hay? - Hows it going? -   KOH-moh teh-VAH, KOH-moh leh-VAH, kay-TALL, kay-AYE - There is also a variety of colloquial alternatives, although many of them depend on the area. The first one given is informal, used as with  ¿Cà ³mo ests? above. ¿Quà © pasa? - Whats happening?  - kay PAHSS-ah. ¿Quà © hubo?  ¿Quà © onda? - How is it going? Whats happening? - kay OO-boh, kay OHN-dah -   These phrases are most common in Mexico. ¿Cà ³mo te llamas?  ¿Cà ³mo se llama usted? - Whats your name? - KOH-moh teh YAHM-mahss, KOH-moh seh YAHM-mah oo-STETH  -   A literal translation would be What do you call yourself? or, somewhat less literally, What are you called? The first form normally would be used with a child, or possibly with someone of equal social status at an informal occasion. If youre uncertain which form to use, the second one is safer. Also see the explanation with the entry for  ¿Cà ³mo ests? above. Me llamo (nombre).- My name is (name). - meh YAHM-moh (NOHM-breh)  -   A literal translation would be I call myself (name) or, somewhat less literally, I am called (name). You can also literally translate the English: Mi nombre es (nombre).Mucho gusto. Encantado. - Its a pleasure to meet you. - MOO-choh GOO-stoh, en-kahn-TAH-thoh. Either of these could be said when someone introduces him- or herself to you. If youre female, you should say encantada  (en-kahn-TAH-thah) instead of encantado.Bienvenido, bienvenida, bienvenidos, bienvenidas - Welcome - byem-beh-NEE-thoh, byem-beh-NEE-thah,  byem-beh-NEE-thohss,  byem-beh-NEE-thahss  -   Note the difference in number and gender. Bienvenido would be used with a man, bienvenida with a woman, bienvenidas with a group of all females, and bienvenidos with males or a mixed group.