Law as the Living BodyEssay Preview: Law as the Living BodyReport this essayLaws are bodies of rules enacted by public officials. Laws are made to maintain and protect society. Without laws, society would be in total chaos. There are laws or rules that are written down and are suppose to be enforced, but thats not always the case. These laws are called Laws on books. Just because it is written down does not mean it is always enforced. How laws are enforced may depend on the characteristics of those who enforce it or those against whom it is enacted. These are laws in action. Because of the change in population new laws must be made to maintain control.
The Fifth Amendment and the Fourteenth Amendment have a lot of effect on our laws and Due Process. Now, due process does not have a straight forward definition. It is however one protection provided by the Fifth Amendment and is intended to provide us with protection from government infringement on our civil (legal) rights. It is one of the most powerful provisions of the U.S. Constitution. The Fifth Amendment states that “No personShall be deprived of life, liberty, or property without due process of law. The Fourteenth Amendment is almost the same in definition as the Fifth Amendment. The biggest difference is that “the Fourteenth Amendment explicitly refers to restraints on state government actions: … nor shall any state deprive any person of life, liberty, or property without due process of law… (1868)” (After Arrest: Law, the Court, and Post-Arrest Procedures. p. 55)… “The concept of due process embodies the idea of fairness and protection of individual against the power of the state” (After Arrest: Law, the Court, and Post-Arrest Procedures. p.56). Since the attacks on September 11th 2001, the interpretation of due process has changed. After the 9/11 attacks many people who were detained on suspicion of terrorism without going through the normal proceedings. Not having a straight forward meaning of due process had caused plenty of controversy due to the attacks.
The accused also have rights. When being arrested the officer must read the Miranda rights to the suspect. They are: they have the right to remain silent, advise them that anything they say can and will be used against them in court, they have the right to an attorney and to have them during questioning, advise the suspect that if they cannot afford one an attorney will be appointed to them free of charge. This applies to all custodial interrogations. This is important because it protects the accused and it informs them of their rights and ensures that their rights will not be broken. After the arrest there is a preliminary hearing, here the officer must present charges against accused and read it in court. If there is no evidence the judge will dismiss the case, if there is evidence the judge will enter in a date for arraignment. Here the same thing happens, the accused is read his/her charges and then they can then enter a plea. The accused can choose
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What it is about?
According to the US Constitution is the supreme law from which all laws and orders are drawn, and that is how it is defined to be “An Act of the United States Constitutions and General Laws.” It is a law passed through Congress to serve in the Constitution to the citizens of the United States. In the eyes of the international community the Constitution grants that right and that of the United States: it gives us a free press and freedom to criticize our government for any cause. It provides us the legal protections we need for a peaceful, democratic government which will be an open, equal and welcoming society.
How this affects your legal rights?
If you are detained or detained on a federal level, what is your right in a civil case?
In criminal cases we should be asked the following. If I am detained on a federal level, has my right to a fair trial been violated? What happens to my right to an attorney? Have my right to an attorney been infringed and taken away?
How do you think this matters to you?
Our legal system requires our legal system to be a safe place. We have a legal system that protects civil rights and that has a wide latitude when it comes to how we handle the facts. For instance, under the Fairness Doctrine, we can detain any of our citizens even if he/she is acting in the public interest. If the judge disagrees with the judge regarding that ruling, the person arrested could be held in contempt or even detention for a year. If the person arrested is in violation of their civil rights, the person charged with being a felon is held under contempt and in the same manner that they are held under criminal penalties. It’s the same with criminal charges. To give you an example, in my case I was detained as an undocumented immigrant for three days. My judge allowed me to enter my home, and in exchange for my return I had to obtain a ticket so I could be charged with one misdemeanor of possession of a firearm and one misdemeanor of attempted homicide. My immigration status caused me to enter and exit detention in an attempt to make sure that I were not being investigated or detained.
Are you aware of any legal or diplomatic issues that have been raised about the government of Pakistan?
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So you have been interrogated?
Yes. It is an honor to be asked to answer a question about our countries.
I feel guilty that I’m being questioned but to my great satisfaction there are no such proceedings in this country. That is just ridiculous!
If we are detained on a federal level how will we be able to access counsel and support in court?
Once the officer arrives in the United States to ask an oath you must have attended at least five meetings with the police. The first two meetings are to provide and defend counsel for the detainees. An experienced legal advisor can provide as well as the officer with information on all potential cases.
How can we ensure this never happens again?
There are various ways we can ensure that the same rights are exercised. For instance please remember that your right to know this is not an individual right. The right to have your constitutional right is absolute. If your rights are not violated or violated is taken away then you should not be incarcerated. There is absolutely no excuse for indefinite detention. The United States government wants to know if your rights are violated or not. We have been in custody for more than 16 years. We believe that if you have the right to know that your rights are being violated then you should speak to your legal advisers to find out what your right is.
Should any interrogations or investigations be done on us?
Absolutely. The officers in charge know we
[…]
What it is about?
According to the US Constitution is the supreme law from which all laws and orders are drawn, and that is how it is defined to be “An Act of the United States Constitutions and General Laws.” It is a law passed through Congress to serve in the Constitution to the citizens of the United States. In the eyes of the international community the Constitution grants that right and that of the United States: it gives us a free press and freedom to criticize our government for any cause. It provides us the legal protections we need for a peaceful, democratic government which will be an open, equal and welcoming society.
How this affects your legal rights?
If you are detained or detained on a federal level, what is your right in a civil case?
In criminal cases we should be asked the following. If I am detained on a federal level, has my right to a fair trial been violated? What happens to my right to an attorney? Have my right to an attorney been infringed and taken away?
How do you think this matters to you?
Our legal system requires our legal system to be a safe place. We have a legal system that protects civil rights and that has a wide latitude when it comes to how we handle the facts. For instance, under the Fairness Doctrine, we can detain any of our citizens even if he/she is acting in the public interest. If the judge disagrees with the judge regarding that ruling, the person arrested could be held in contempt or even detention for a year. If the person arrested is in violation of their civil rights, the person charged with being a felon is held under contempt and in the same manner that they are held under criminal penalties. It’s the same with criminal charges. To give you an example, in my case I was detained as an undocumented immigrant for three days. My judge allowed me to enter my home, and in exchange for my return I had to obtain a ticket so I could be charged with one misdemeanor of possession of a firearm and one misdemeanor of attempted homicide. My immigration status caused me to enter and exit detention in an attempt to make sure that I were not being investigated or detained.
Are you aware of any legal or diplomatic issues that have been raised about the government of Pakistan?
[…]
So you have been interrogated?
Yes. It is an honor to be asked to answer a question about our countries.
I feel guilty that I’m being questioned but to my great satisfaction there are no such proceedings in this country. That is just ridiculous!
If we are detained on a federal level how will we be able to access counsel and support in court?
Once the officer arrives in the United States to ask an oath you must have attended at least five meetings with the police. The first two meetings are to provide and defend counsel for the detainees. An experienced legal advisor can provide as well as the officer with information on all potential cases.
How can we ensure this never happens again?
There are various ways we can ensure that the same rights are exercised. For instance please remember that your right to know this is not an individual right. The right to have your constitutional right is absolute. If your rights are not violated or violated is taken away then you should not be incarcerated. There is absolutely no excuse for indefinite detention. The United States government wants to know if your rights are violated or not. We have been in custody for more than 16 years. We believe that if you have the right to know that your rights are being violated then you should speak to your legal advisers to find out what your right is.
Should any interrogations or investigations be done on us?
Absolutely. The officers in charge know we