Rochin versus California
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ROCHIN v CALIFORNIA
Supreme Courts of the United States, 1952
342 U.S 165, 72 S. Ct 205, 96 L. Ed. 183
Argued: October 16, 1951
Decided: January 2, 1952
FACTS:
Rochin swallowed drug capsules to dispose of evidence. The police pummelled him and jumped on his stomach in a vain effort to make him throw up. They took him to a hospital where a doctor was instructed by the police officers to administer an emetic by forcibly passing a tube into Rochin's stomach. He vomited the capsules and was convicted on the basis of the evidence produced from his vomit.
ISSUES:
Whether the police procedure forcing Rochin to vomit violates the Fifth Amendment right against self-incrimination and the Due Process Clause of the 14th Amendment?
OPINION:
(Frankfurter)
This justice agrees that, the California police did violate the due process. He thought that what the law enforcements did was a fair play and should not really be evidence in the court.
CONCURRING AND DESSENTING OPINIONS:
Justice Black had a concurring opinion which stated that federal and state courts and law enforcement must obey the Fifth Amendment. Which states that "No person shall be compelled in criminal any case to be witnessed against himself. Justice Black also stated that a person is only compelled to witness against himself not only when he testifies but also when evidence is forcibly taken from him by a device of modern science. Justice Black then said that, the rejected the inability to accept the interruptions without protest.
EFFECTS ON PRECEDENTS AND LATER CASES:
The district and appellate court reserved that "shocks the conscience". They made it a violation to the due process law.
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Rochin versus California is examined.
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Shawn Fagundes-Hansen: MA
BrainMass OTA #102898
07 September 2006
Problem Posting #94589:
Your request as I understand it:
You need someone to proofread the file you attached that outlines Rochin v. California.
Response from OTA Shawn Fagundes-Hansen:
I have made a few suggestions in the body of your work. Please note that ADDITIONS are in BLUE font and suggested ...
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