Monday, February 8, 2010

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The case Mapp vs Ohio is another case that shows when potential freedoms are being violated. Dollree Map’s house was illegally searched with a fake warrant and she was convicted of possessing pornographic images. The question in line was whether the fourth amendment was violated by Mapp being convicted by things found in an illegal search. This evidence was illegal and must be thrown out. It would have been different if Mapp’s porn was in a school because than the school would have had the right to search anything on its property. A similar incident happened in the case New Jersey vs T.L.O. She (T.L.O.) was a 14 year old student accused of smoking the bathroom at her school. Her purse was searched without her consent or a warrant and illegal substances were found. The fourth amendment was not violated in this case like it was in Mapp vs. Ohio because the school has a legal right to search anything on its ground. So any substance found in the search can be constitutionally held against T.L.O.
A case were the Fifth Amendment was violated is Mirand vs Arizona. Mirand was arrested for a crime and taken to interrogation were he confessed. However, he was never informed of his right to council which violates the Fifth Amendment. The police were not able to use this confession as evidence because he was not informed of his constitutional right to council making Mirand’s statement illegal.
The debate between freedoms and protections is a tricky one because they overlap each other. The more freedom given, the less protection there is and vice versa. It is the government’s job to decide where to give out freedom to its citizens and where to take away certain freedoms in order to protect the people.

Friday, February 5, 2010