Law as the Living Body

Laws are bodies of rules enacted by public officials. Laws are made to maintain and protect society. Without laws, society would be in total chaos. There are laws or rules that are written down and are suppose to be enforced, but that's not always the case. These laws are called Laws on books. Just because it is written down does not mean it is always enforced. How laws are enforced may depend on the characteristics of those who enforce it or those against whom it is enacted. These are laws in action. Because of the change in population new laws must be made to maintain control.

The Fifth Amendment and the Fourteenth Amendment have a lot of effect on our laws and Due Process. Now, due process does not have a straight forward definition. It is however one protection provided by the Fifth Amendment and is intended to provide us with protection from government infringement on our civil (legal) rights. It is one of the most powerful provisions of the U.S. Constitution. The Fifth Amendment states that "No person...Shall be deprived of life, liberty, or property without due process of law. The Fourteenth Amendment is almost the same in definition as the Fifth Amendment. The biggest difference is that "the Fourteenth Amendment explicitly refers to restraints on state government actions: ... nor shall any state deprive any person of life, liberty, or property without due process of law... (1868)" (After Arrest: Law, the Court, and Post-Arrest Procedures. p. 55)... "The concept of due process embodies the idea of fairness and protection of individual against the power of the state" (After Arrest: Law, the Court, and Post-Arrest Procedures. p.56). Since the attacks on September 11th 2001, the interpretation of due process has changed. After the 9/11 attacks many people who were detained on suspicion of terrorism without going through the normal proceedings. Not having a straight forward meaning of due process had caused plenty of controversy due to the attacks.

The accused also have rights. When being arrested the officer must read the Miranda rights to the suspect. They are: they have the right to remain silent, advise them that anything they say can and will be used against them in court, they have the right to an attorney and to have them during questioning, advise the suspect that if they cannot afford one an attorney will be appointed to them free of charge. This applies to all custodial interrogations. This is important because it protects the accused and it informs them of their rights and ensures that their rights will not be broken. After the arrest there is a preliminary hearing, here the officer must present charges against accused and read it in court. If there is no evidence the judge will dismiss the case, if there is evidence the judge will enter in a date for arraignment. Here the same thing happens, the accused is read his/her charges and then they can then enter a plea. The accused can choose