Wong Sun v. United States & Nardone v. United States Case Study

Wong Sun v. United States & Nardone v. United States - Case Study Example The fifth amendment for example under the grand jury clause requires the states to try felonies only after indictment by grand juries. As such, the process requires effective collection of evidence and witness accounts (Friedman, 1993). In the case, the prosecutor use evidence and witness statements he collected illegally by forcing the second petitioner to make the statements in his bedroom. Additionally, the sixth amendment of the American constitution incorporated the value of human rights in judicial processes by explaining that under notice of accusation, an indictment must claim all the features of the crime. The significance of the case was that it set precedence by refusing the use of illegally acquired evidence. The use of fruits of the poisonous tree, which refers to illegally acquired evidence as was in the case above, contributes to breaches on the rights of the people (Helmholz, 1997). Holding: The court ruled that the evidence were in deed inadmissible owing to the clandestine nature of their collection. The plaintiff proved that the wiretapping was both unlawful and breached on his basic human rights. Reasoning: Privacy is a fundamental feature of personal freedom. The American bill of rights safeguards the basic rights and freedoms of the citizenry. The Fifth Amendment for example provides effective ways that ensure that people do not incriminate themselves. Such rights as the Miranda rights are vital in making sure that a suspect considers his words with the view to protecting himself (American Bar Association, 2001). The provision of the Fifth Amendment thus makes the wiretapping on the plaintiff’s phone unlawful. The process did not only breach the plaintiff’s privacy but also made hi incriminate himself. According to the Fifth Amendment, incriminating of oneself refers to any process that makes one expose himself or herself to a charge. Just as was the case in Wong Sun v. United States, this case presented a similar opportunity in