Due Process

(Korematsu v. United States, Miranda v. Arizona)

Shanteria Bolton

Korematsu v.united States

During 1942, Japanese immigrants we're being taken to relocating camps during the war and one Japanese American Fred decided to stay at his house in California. The Military tried to make him relocate to the camp but Korematsu refused; saying that his 5th amendment rights were being violated since he was born in the U.S.Court decision says that the case had nothing to do with race and that it was just for safety and security since they were going to war with Japan. The 5th amendment that Korematsu said that was denied to him states that nor be deprived of life, liberty, or property without due process of law.

Miranda v. Arizona

In 1963, Ernesto Miranda was arrested for the evidence of being linked to the rape and kidnapping of an eighteen year old girl. While he was being held for interrogation; the council had Miranda write a confession on a form and did not inform him of his rights to remain silent, and anything he says will be used against him.His 5th amendment right was violated and the court case decision states that" person in custody must, prior to interrogation, be clearly informed that he has the right to remain silent, and that anything he says will be used against him in court; he must be clearly informed that he has the right to consult with a lawyer and to have the lawyer with him during interrogation, and that, if he is indigent, a lawyer will be appointed to represent him."