Metzger_Assignment #4

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School

University of Kansas *

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Course

110

Subject

Political Science

Date

Oct 30, 2023

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pdf

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Uploaded by AdmiralUniverseSardine22

Bri Metzger POLS 110 30 August 2023 Civil rights and Civil liberties are often used interchangeably even though they actually mean two very different things. Civil rights are the rules that the government must follow in the treatment of individuals, especially concerning participation in political and social life. They are the things the “government must do.” Civil liberties are the protection of citizens from improper governmental action. They are the things the “government cannot do.” We see these rights and liberties outlined and argued over in many court cases throughout the history of the United States. One of the most influential Supreme Court cases that helped define a specific civil liberty was Miranda v. Arizona in 1966. This case established what we know today as the "Miranda rights" which protect an individual's Fifth Amendment rights when in police custody. A man named Ernesto Miranda was arrested and interrogated by the police and during the investigation was never informed of his right to remain silent or his right to an attorney. Due to this he confessed to the crime and was convicted. The case eventually moved to the Supreme Court where they ruled in Miranda’s favor that not being informed of his rights was a violation of the Fifth Amendment right against self-incrimination. This solidified that an individual being held in police custody must be informed of their constitutional rights before any questioning including the right to remain silent and the right to have an attorney present during questioning. The Miranda warning is as follows, “You have the right to remain silent. Anything you say can and will be used against you in a court of law. You have a right to an attorney. If you cannot afford an attorney, one will be appointed for you.” This saying is now common practice across all law enforcement agencies across America. While “Miranda v. Arizona” was a landmark case it is just one of many that have outlined both civil rights and civil liberties. They may mean different things but both are connected and affect Americans every day. These protections are vital to Americans and allow us to remain the land of the free.

Bri Metzger POLS 110 30 August 2023

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