2. How did the civil rights movement in the 20th century succeed? How has it failed?
4. Is the exclusionary rule the best way to encourage constitutional police behavior with regard to the 4th and 5th Amendments? Why or why not?
The solution below is a comprehensive mix taken from the varied solutions I have already prepared for my American History & Criminology students. The first part touches on the American Civil Rights movement & the attachment, a Civil Rights Movement Timeline is in support of it. The Timeline is valuable as it touches just about every major civil rights event in 20th Century America.
A. American Civil Rights Movements: Highlights in the 20th Century
Civil Rights & Minority Groups
Before we can look at the struggles of minority groups towards the exercise of their Civil Rights from the 1950's on, we need to define what civil rights is. Civil Rights are the rights & powers of an individual that he can exercise under the jurisdiction of Civil Law. Civil Rights are sometimes seen as protectors of an individual from the government so as not to interfere with the way they live. Currently in the US the American Civil Liberties Union (ACLU) is the foremost NGO dedicated "to defend and preserve the individual rights and liberties guaranteed to every person in this country by the Constitution and laws of the United States." You have to distinguish Civil Rights from human or natural rights as Civil Rights are those that are given by a country towards its citizens as well as subjects who are bound within its territories. Human/Natural rights of an individual are those he/she is born with, therefore inalienable. Many have argued that civil & human rights are of the same nature from political, philosophical & religious points of view. British Philosopher John Locke has heavily influenced the founding fathers during the creation of the American Nation with his views on the nature of human & civil rights especially that relating to one's right to life, property & liberty. Now let's look at Minority Groups. Minority means the 'smaller' grouping, that collection of people which is not considered of major cultural, political & social impact upon a nation. From a political & social point of view, in the US today one may consider the Hispanics, the Asians as well as certain American Indian Nations as minorities. Sociologically speaking, numbers do not necessarily direct a group to be termed as a minority. Sociologists refer to minority groups as disadvantaged, of less power than the rest to enforce and live out their lives in equal basis with the rest of the populace due to their cultural, political & social situations. They are also referred to as subordinate groups & in socio-economics by determination they view elements of ethnicity, disability & gender as well as economic capacity to determine minority.
Now, Civil Rights are guaranteed by law of the country that bestows them and can be argued in its' courtrooms. An example of this is the Right to Privacy which is implied in several cases and had been exercised by people who enforce their right to do so. As I see it, you are asking for assistance in determining civil rights event from the 50's onwards that has shone a light towards understanding Civil Rights and the right of the American Minority to exercise it which also determined the social move to a more equal, more stable society. I will do you one better, I have attached a timeline for you listing all the key movements. One of the key ideas brought about in the 1950's was the idea of Anti-discrimination. In the US to choose someone, say as an employer would, by virtue of race/ethnicity alone is discriminatory termed legally as Racial Discrimination. To discriminate against people by virtue of ethnicity, race, gender, etc. is not allowing for equal opportunity. The 14th amendment of the US Constitution designates that:
"No state shall... deny to any person within its jurisdiction the equal protection of the laws."
Since this was enacted after the US Civil War, it was that one clause that many of the minorities turned too, yet at times found difficult to obtain full protection from especially at the height of racial segregation pre-1970's in the American South. Now, the attached Timeline is very important for your struggle to understand the key elements. What you have to do is print it as your guide and if you have to use it for your academic work, I have indicated the resources that the timeline is based from and it also has an entry on Wiki for a quicker access. Use the listed resources for a more detailed view. The US is a nation of immigrants having been founded by colonists from Imperial Britain on the views of Civil Rights and the idea that 'All Men are Created Equal'. With that in mind the civil rights that are exercised in difficulty by minorities are due to social divides & cultural clashes and issues that goes beyond the right to exercise one's civil right in a lawful country: politics, culture, tradition and belief of the majority.
Of your timeline (see the attachment), one of the major ...
The solution does two things, first it provides an analysis of the Civil Rights Movement of the 20th century by looking at the results that the movement caused and the changes in the way of life of the people that the movement affected. More than providing an answer to whether or not 'it' failed or succeeded, details are presented that provides a perspective on the civil rights movement to aid the student in understanding what the Civil Rights Movement was abount, its affect on the nation and how it changed society.
Second, the solution provides a concise discussion of what the Exclusionary Rule is in law enforcement and criminal justice and how the exclusionary rule influences & guides law enforcement to follow protocol in the course of their work in line with following what is constitutionally approved in terms of collecting evidence in law enforcement.
Attached is the additional file that provides a Civil rights timeline. The solution is written in APA style.
Protecting Citizens Against Abuses of Government Power
Analyze the following information, comments, and questions:
In U.S. v. Dickerson (2000), the U.S. Supreme Court held that Miranda was required by the Constitution and was not a court-made rule that could be overruled by Congress. The Fourth Circuit held otherwise. Which institution—the U.S. Supreme Court or the U.S. Congress—can most safely be entrusted with protecting citizens against abuses of government power? Since Miranda has been applied against the states for almost forty years since its inception, how can it be credibly be argued that it is just a rule for federal courts? This was a significant victory for the rights of suspects, but also a victory of the U.S. Supreme Court over Congress. Given the court's role in deciding the contested 2000 U.S. presidential election and its ability to rule authoritatively on some of society's most contentious issues, (e.g., abortion, school desegregation, affirmative action), is the U.S. Supreme Court now the most powerful branch of government? If so, is this a good thing?
Does the decision made by the Supreme Court in Dickerson have implications for the federal exclusionary rule? If Miranda is a command of the Constitution and cannot be overruled by Congress isn't the exclusionary rule a rule of the Constitution? The current U.S. Supreme Court position is that the exclusionary rule is a court-made rule and not a command of the Constitution. Can that logic survive Dickerson? Why or why not?View Full Posting Details