Page 233 - Beers With Our Founding Fathers
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A Patriot’s view of the history and direction of our Country
Fifth Amendment
Rights of Due Process
Our Bill of Rights and Constitution were defined precisely, and
particularly when presented with our Declaration of Independence –
they are under attack today. Like the previous amendments, as
stressed in this work, the colonists were oppressed under a
tyrannical monarch and parliament. They were not secure in their
persons, they had no privacy or expectation of privacy – soldiers in
their homes and unannounced search and seizure without due
process. The Bill of Rights is an interwoven collective of sacred rights
– one right of itself is insufficient to remain and guarantee freedom.
Again, our Founding Fathers and Framers were not without the
realization of learned history.
Many people recognize part of this amendment from the rights
given at arrest – the Miranda Warning or advisement of rights.
Miranda warnings are a result of two Supreme Court decisions.
Escobedo v. Illinois in 1964 (Right to counsel) and Miranda versus
Arizona in 1966 (Right to be informed); the applicable ‘Miranda’
warning was finalized in 1968. The Miranda Warning is intended to
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