1) What rights of the accused does the Fifth Amendment protect? The Sixth Amendment? The fifth amendment states that no person shall be questioned,killed, punished, nor shall private property be taken away from, unless there is a warrant or the right from the Chief justice. he sixth amendment states that a person at any time prior to or during questioning, that he wishes to remain silent, the interrogation must cease. If the person wants attorney the interrogation must cease until an attorney is present.
2) If the police had informed Ernesto Miranda of these rights, do you think he might have done anything differently?
Yes, he would have been smart enough to be silent and asked for an attorney.
3) Individual rights must be balanced against the values of society at large. For instance, the right to free speech must be balanced against our desire for an orderly society. This is why demonstrations, while protected by the First Amendment, can have certain restrictions placed on them. In Miranda, what values or goals of society must be balanced against the right against self-incrimination and the right to counsel?
He can’t be not guilty there are evidence that he violated the constitution. Some people get out of jail being not guilty, that happens when the opponent doesn’t have enough evidence to prove the person guilty. However, in this case the police have enough evidence to back them up. He didn’t know the language, that doesn’t mean he should get away with raping and kidnapping.
4) You are probably learning about the rights of the accused in a government or history class. Some would argue that it is the individual’s responsibility to know what his or her rights are under the Constitution, and the government can assume that accused persons know their rights without informing them after they are arrested. Do you think the government should have to inform each individual who is arrested of his or her rights? Why or why not?
I do not think the government should inform each individual who is arrested of his or her rights. If they are informed then the person who is guilty would get away with its violation unless the police or the opponent has enough evidence to back it up, which rarely happens.
