These Constitutional Rights function only if the same protection is afforded to EVERYONE. The Judicial Branch grants us these rights and restricts the role of our government’s Executive and Legislative Branches in their handling of Americans. If the government could all of a sudden make its own determination of what rights are granted to what defendants, then the power to determine what limitations could potentially prohibit the defendant’s prosecution is given to the same government entity that is responsible for prosecuting the defendant.Checkout Law Firm of Gianni Karmily, PLLC, Hempstead for more info.
In other words, it would be permissible for the prosecutors to determine what rights are, and more specifically, what potential problems exist with their case and whether they would allow the defendant to use them. Although most people cannot imagine themselves in a place where they could possibly face criminal prosecution, would you really like that kind of power to be held by those entrusted with your prosecution in the frequent chance that you are? The beauty of these rights and how they are enforced today is that they are not only the result of the brilliant minds of our forefathers who are drafting the Constitution, but they are enforced as a result of centuries of precedent in case law. What this implies is that these rights have been argued in countless trials since their inception, where a decision has been made on exactly how they should be applied given certain facts. These rulings have been evaluated by higher courts of appeal, including the United States Supreme Court. That means that an unimaginable number of legal scholars have come together throughout the court system, from defence attorneys and government prosecutors to judges, to make a determination on exactly how they should be applied. And although precedents are occasionally reversed when new facts are given, this should only provide greater comfort in knowing that, although not common, they can be reversed if circumstances have changed since the precedent was established (as an example, think of how the internet has changed countless laws with regards to copyright, defamation, libel, Fifth Amendment, harassment, etc.)
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