The Right to Remain Silent in the Age of Smartphones Report

The Right to Remain Silent in the Age of Smartphones Report

Write a 10 page paper about this proposal you wrote for me please. In APA format and a bibliography.

 

 

Research Proposal: The Right to Remain Silent in the Age of Smartphones

The Fifth Amendment to the US constitution provides several rights to suspects. One of the most important provisions of this Amendment is protection against self-incrimination (Maclin, 2017). Self-incrimination entails exposing oneself to prosecution through speech or actions (Deskus, 2018; Sharf et al., 2017). It is from this protection that the right to remain silent during a law enforcement investigation processes such as interrogation is extended to all persons involved. Therefore, under the Fifth Amendment of the US constitution, individuals cannot be compelled to give testimony that may in one way or another incriminate them.

Whereas the constitutional rights of a suspect are clearly stipulated, this rights have failed to keep up with technological advancement. The advent of smartphones is one of the most significant development. Any suspect in possession of smartphone could have incriminating evidence (Royer and Yperman, 2020; Carnes, 2020). According to Lemus (2017), law enforcement officers are mandated to search a suspect and confiscate any item that may help with investigation. Lasagni (2018) observes that under special circumstances, law enforcement officers can search the person and the environment of a suspect without warranty and this means that important information may be obtained and remain admissible in a court. Therefore, a suspect that properly understands and invokes their right to remain silent may still give critical information through their phones, highlighting an important loophole in criminal investigation.

In this research proposal, the main goal is to review the application of the Fifth Amendment in the wake of technological advancement with special focus on a suspect’s right to remain silent during an investigation in which their smartphone has been confiscated. It will be argued that during an interrogation with law enforcers, the right to remain silent should be extended to smartphones. This is because these gadgets hold as much information if not more than an individual may hold in their memory (Newell & Koops, 2020). Until a person acquires legal representation or waives their right to remain silent, their smartphones may not be used as a source of information pertaining to the ongoing investigation. Invoking one’s right to remain silent would be useless when the information they protect to prevent self-incrimination can be obtained from their personal gadgets.

 

References

Carnes, B. A. (2020). Face ID and fingerprints: Modernizing Fifth Amendment protections for cell phones. Loy. L. Rev., 66, 183. https://heinonline.org/HOL/LandingPage?handle=hein…

Deskus, C. (2018). Fifth Amendment limitations on criminal algorithmic decision-making. N.Y.U. Journal of Legislation & Public Policy, 21, 237. https://nyujlpp.org/wp-content/uploads/2018/06/Leg…

Lasagni, G. (2018). Tackling phone searches in Italy and the United States: Proposals for a technological rethinking of procedural rights and freedoms. New Journal of European Criminal Law, 9(3), 386-401. https://doi.org/10.1177/2032284418798053

Lemus, E. (2017). When fingerprints are key: Reinstating privacy to the privilege against self-incrimination in light of fingerprint encryption in smartphones. SMUL Rev., 70, 533. https://scholar.smu.edu/smulr/vol70/iss2/10/

Maclin, T. (2017). The prophylactic Fifth Amendment. Boston University Law Review, 97, 1047. https://scholarship.law.bu.edu/faculty_scholarship…

Newell, B. C., & Koops, B. J. (2020). From Horseback to the moon and back: Comparative limits on police searches of smartphones upon arrest. Hastings Law Journal, 72, 229. https://www.hastingslawjournal.org/from-horseback-…

Royer, S., & Yperman, W. (2020). You have the right to remain silent… until we want your smartphone password. KU Leuven Center for IT and IP Lawhttps://www.law.kuleuven.be/citip/blog/you-have-th…

Sharf, A. J., Rogers, R., & Williams, M. M. (2017). Reasoning your way out of Miranda rights: How juvenile detainees relinquish their fifth amendment protections. Translational Issues in Psychological Science, 3(2), 121. https://doi.org/10.1037/tps0000118

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