This is difficult to put into words, so bear with me. How were the legal rights that individuals receive when they are arrested and throughout the court process derived?
I.E. How were the rights of a trail, rights to an appeal, rights of Miranda warnings derived?
2007-12-04 10:56:13 · 6 answers · asked by Tainteddeceptions 3 in Politics & Government ➔ Law & Ethics
The Criminal Procedure rights that you mention generally come from the U.S. Constitution. More specifically, the Bill of Rights, and more specifically still from the 4th, 5th, and 6th Amendments.
The explanation and details of those rights comes from Federal Court cases where Federal Judges interpret the broad language of the Constitution in more detail and apply it to specific situations.
For example, "Miranda" (which you mention) was actually a person (Ernesto Miranda) who confessed to a crime in 1963 without the police first telling him of his right to remain silent. His lawyers argued that this was unconstitutional, and they appealed his criminal case all the way to the U.S. Supreme Court, where the Justices said that the Fifth Amendment protection against self-incrimination means that individuals in custody had to be told their rights prior to a confession.
So the right comes from the Bill of Rights, as interpreted by the U.S. Supreme Court.
2007-12-04 11:10:18 · answer #1 · answered by 92BuickLeSabre 2 · 1⤊ 0⤋
A good place to start is in the year 1215 with the Magna Carta.
I suggest looking at the article on wikipedia to learn about the earliest origins of our legal system.
2007-12-04 11:05:01 · answer #2 · answered by Barry C 7 · 1⤊ 0⤋
The United States Constitution! Mirand came about from a court case.
2007-12-04 11:00:34 · answer #3 · answered by Tlee 2 · 1⤊ 0⤋
If you mean 'how did the Founding Fathers come up with the Bill of Rights....', it comes from English Common Law. They adopted the aspects of English law that they liked and changed the parts they didn't like. The basic premise of fairness, though, comes from English law.
2007-12-04 11:02:34 · answer #4 · answered by Anonymous · 1⤊ 0⤋
Sounds like you are referring to a particular fact pattern. That's an impossible question to answer without the facts.
2007-12-04 11:00:53 · answer #5 · answered by Cara B 4 · 0⤊ 1⤋
Each of those rights has thier own origin.
The answer to your question is about 30 pages long.
2007-12-04 10:58:47 · answer #6 · answered by Citicop 7 · 0⤊ 1⤋