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Friday, March 29, 2013

Criminal Procedure Article Review

Criminal Procedure Article Review
Sarah Eaton
CJA/364
Coleen Cusack
University of Phoenix

The Fourth Amendment states: The effective of the commonwealth to be secure in their persons, houses, papers, and effects, against unreasonable searches and seizures, shall non be violated, and no warrants shall issue, just upon probable cause, supported by jinx or affirmation, and particularly describing the place to be searched, and the persons or things to be seized (Cornell University Law School, 2012). In an article written by the Christian Science Monitor, the rights of the accused in Guantanamo talk are examined, specifically the right to be at trial (Richey, 2006).
Those who are unbroken in Guantanamo Bay are considered terrorists or war criminals, but this article debates the right for these people to be present at their own trials; this right is guaranteed to all American citizens. The problem that is organism encountered is how to protect the prisoners rights, without compromising the war on terror (Richey, 2006). These prisoners are assigned a military lawyer that has access to all severalise and testimony, but the lawyer is non allowed to share this information with the prisoner because it is considered classified information.

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If the prisoner is not allowed to be aware of the evidence or testimony against them it could uncivil the door to the violation of other Constitutional rights.
The Fourth Amendment guarantees everyone the right to be protected from unreasonable searches and seizures; in this situation, the prisoners at Guantanamo Bay are not aware how the evidence against them is being collected. The evidence may not have been gathered reasonably, but the prisoners would not know this; the prisoners would not be privy to that information because it would be considered classified along with the actual evidence against them (Richey, 2006). This means that the lawyers would not be allowed to share this information with the prisoners. This whole situation could be avoided...If you want to get a full essay, order it on our website: Ordercustompaper.com



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