The protests against the murder of Eric Garner in New York in November and December registered the first use of the long -distance acoustic device through the city city, a solid weapon that changed the "war on terror" to the policeParamilitarized of the American forces The LRAD is, as is known by the popular (made by the corporation of the same name), a high frequency noise generator that can cause intensive pain, auditory damage, psychological disorientation and even death. And used inAugust in Ferguson, Missouri.
In a police commissioner affiliated with the New York Police Commissioner William Bratton, with the New York police commissioner officeThe National Lawyer GuildGreater constitutional and practical legal issues and public security on behalf of several protesters who have experienced Lrad, some of whom can have claims. "I am concerned about the physical injuries of the protesters and ignoring and the violations of the Constitution," says lawyer ElenaCohen, subscriber. "I want the police to tell us what this is and that training you have to use. This is not a great winding, this new toy is dangerous."
New York police have not yet responded.ºStreet, hoping to take good photos of the night protest when I spent several hours after Marsching. "As soon as all conventional journalists went home, the police began to make more violent arrests," he said, then he saw aPolice in a corner, about 40 feet, with a strange piece of technology at the end of its arm, size of a small suitcase, with a handle of a kind of speaker and controls.
Edrei believes that he heard a type of announcement, even if the words were incomprehensible, and immediately later he was attacked by a "pulse" of noise that lasted "about ten seconds", then went out for two or three seconds, then one more repeatedOne more repeated more instead, then repeated. He ran into confusion and felt abruptly "pain on my forehead, then my face." To a block of the intersection he had to sit down, growing dizziness and hit his sinus caves.He tried his friend on her phone, but "I couldn't speak correctly, he was confused and made no sense."
The next day, he had a headache for migraine and suffered an intensive noise sensitivity, "even a whisper," he said, that he remained updated for about five or six days. Working weeks later, he even reported "Touch pain" in his kopf.It says that the speaker was directed directly to you and other protesters at the intersection, perhaps only 10 or 15 meters away, and there has never been a warning that a weapon would be used.
Stephan Keegan, 30, was lucky.videoIn the same cross, he led to the side of the action when the crowd began to run, followed by the envelope of what different observers called the "cone" of the sound bar, estimated at 30 to 40 degrees. That felt a clear painWhen the high frequency ray was released: "I could not sleep that night and was not straight, some maybe as close as twelve or fifteen feet."
Dan Shockley, Guilda software designer and voluntary legal observer, tried the same use directly from clay a week before in a demonstration on November 28 at practically the same intersection. Without knowing what they do with him, they point to people as aType of experiment, ”says Shockley.
The history of sound as a weapon begins in psychological operations. According to the reports, Alexander's Greeks used chaotic noise manufacturers to increase the horror of a siege, while the Aztecs may have used skull -shaped tubes to make a human crying 20 twentyºCentury, real threats to the human body made real threats. German engineers in World WarLiquid in the inner ear, so vibrant, so vibrant. Dishabilitate a person, causing extreme and nausea dizziness.
The American author William S. Burroughs provided the Vladimir Gavreau survey of the 1950He could break. Burroughs associated this technology with his broader idea of "control" in 1968: "Add two and two and see that inflasting is an ideal weapon against dissident elements within the establishment." In a conversation with the rock guitarist of1973 Jimmy Page, suggested that Led Zeppelin has already used infringeBurroughs replied.
However, Lrad's development is a product of the war against terror.Col-A-qaeda The first direct blow against an explicit American military goal, only a small explosive fishing boat to climb the destructive while in the port of Aden, Yemen, tanque.Didstructors, it is estimated that around £ 400 they used and detonatedThe explosion killed 17 maritime along with suicidal attacks and exploded a hole in theColIn the water line, large enough to make a bus. With hundreds of foreign ports embedded per week, the Navy was looking for a way to prevent a small ship from getting too close to its ships, which is bloodshed and the bloodInternational turbulence I would not go because it would simply shoot fishermen and other civilians. The idea of "denying the use of the room" gave rise to this need without using fatal means by an overwhelming lightning of hardened noise directly from civilians from a "system of" system of system ofship protection "is guided to wait first and then the deficiency of inducing pain.
According to the reports, the US Army. UU. He used the sound cannon to prevent civilians from obtaining protected bases in enemy conflict areas very close, which creates a "red zone" in which non -fatal pain can be addedto many buildings and stations. Currently, San Diego has most of the "hageling" technology manufacturing market, which intends to offer several "understandable mass notifications, instructions and warning" ";"Public Directorate of the Campus ". The clients range from the Ministry of Internal Security to Border Patrouille and the local police authorities to the Police, the emergency services and the forces.
Lrad seems to have a device for each price. Exclusive to the size of a truck; others are made to ride a tower or bow of a war ship; and there are all kinds of suitcases that fit the door of the door to a walkTo the company's police literature tend to emphasize the aspects of "hail" and the massive direction of the RX model of the device, for example, a human voice announcement can always make "warning" and "perimeter security" and "include perimeter security"and involve" perimeter security "that always includes" warning "and" perimeter safety "and contains the safety of the" perimeter. "The scattered streets of migratory birds and airport approaches that are known for turning off motor turbines and theirUse by oil cruise to keep mango pirates.
Lrad Corp.Laternalling sales officers on all continents and has customers between the main military forces and active policies. On December, it was established in The Work Boat Show and the International Conference in New Orleans for the Business. In the projection of powerImperial.Lrad Corporation seems suggested. Finally, rubber balls and water cannons hurt a lot.
But, as Elena Cohen's lawyers and Guild indicate this, there are constitutional problems when using the device against protesters. First of place, a violation of the language and the protected assembly must be very "adapted" to be able to make the cold in theCold the first change proof. Also argues that its use against a crowd is also indiscriminately violating the fourth change. "The probable cause must be individual," says that a mass of people involved in legal behavior with general behavior is subject orTo be interrupted, a form of illegal search and confiscation. However, the most alarming for activists and police observers is the almost effective training lack for public officials who exercise devices.
The LRAD "can" cause its ears, eyes, its internal organs within the damage, "says Cohen. The only known test of the New York Police is described in aUnique 2010 -DokumentOf its "internal disorder control unit", which was preserved in accordance with the State's Freedom of Information Law. His volume of 110 dB at a distance of 320 feet, then aroused the volume of 39 inches.
De Lrad Corp.The RX model can reach 153 dBOne meter away. 500x-RE, which seems to be used in Ferguson and Pittsburgh, can reach 149 dB and the 100x-Re computer of 137 dB. A vacuum cleaner to the same distance is 70 db.120-125 dB and generallylower for children and older people. And if their physics is a bit oxidized, remember that the decibel scale is not linear: 93 dB is twice as much of 90 dB, so 100 dB is approximately 10 times higher than 90 dbThey are the winter of a football field adds to, it tells us nothing about what the sound beam does when it is just 10 or 20 meters away in an urban environment with all its closed and vertical soup reflex. The soundYou can achieve your own stationary wave effects with terrible consequences for amplitude and duration in a place with parallel reflective surfaces, such as a cross between the center of Manhattan.
Cohen and his guild colleagues want to know what he tells their New York Police officers about the devices. They want the department to stop immediately and take measures to the Federal Court if you do not receive an answer. "They perform experiments with the NewYorker: These police officers are simply not qualified to point out these things for us, "says Dan Shockley."This is a unique weapon, how would the manufacturer have data on the auditory loss of its products?"A terrifying effect on my actions, "he adds." I'm there to monitor protesters and police, and I am worried about myself. "
FAQs
What is the 5th Amendment full text? ›
No person shall be held to answer for a capital, or otherwise infamous crime, unless on a presentment or indictment of a Grand Jury, except in cases arising in the land or naval forces, or in the Militia, when in actual service in time of War or public danger; nor shall any person be subject for the same offence to be ...
What is the 5th Amendment in simple terms? ›The Fifth Amendment to the U.S. Constitution guarantees that an individual cannot be compelled by the government to provide incriminating information about herself – the so-called “right to remain silent.” When an individual “takes the Fifth,” she invokes that right and refuses to answer questions or provide ...
What is Section 5 of the 14th Amendment bar exam? ›Section 5. All persons born or naturalized in the United States, and subject to the jurisdiction thereof, are citizens of the United States and of the State wherein they reside.
What is the equal protection model answer? ›MODEL ANSWER
The Equal Protection Clause of the 14th Amendment (EPC) prohibits government from denying any person equal protection of the laws. As developed by the Supreme Court, equal protection challenges to government action are analyzed on different levels, depending on the nature of the classification.
Both jurors and the public tend to make an adverse inference against anyone who pleads the fifth, which is why courts do not allow it to be used as evidence in a criminal trial.
What are the 3 main rights provided by the 5th Amendment? ›Known as Miranda rights, these rights include the right to remain silent, the right to have an attorney present during questioning, and the right to have a government-appointed attorney if the suspect cannot afford one.
What does I plead the 8th mean? ›By Micah Schwartzbach, Attorney. The Eighth Amendment to the United States Constitution prohibits the infliction of "cruel and unusual punishments." Virtually every state constitution also has its own prohibition against such penalties.
What happens when you plead the 5th? ›To "plead the Fifth" means you have the right not to answer police questions both while in custody or in court. The right against self-incrimination is spelled out in the Fifth Amendment to the U.S. Constitution and also extends to state and local jurisdictions.
What is the Fifth Amendment right to remain silent? ›The Right to Remain Silent
The Fifth Amendment to the U.S. Constitution protects people from being compelled to give testimony that could incriminate them. This is not the same as saying that a person has a right to silence at all times. In some situations, police may use silence itself as incriminating evidence.
The section of the 14th Amendment, similar to sections in several other amendments, is known as an “enforcement provision.” It has no substantive law unto itself. Rather, it provides the authority for Congress to make laws to uphold the other provisions of the amendment.
What is 14th Amendment due process rights? ›
The Fourteenth Amendment's Due Process Clause provides that no state may deprive any person of life, liberty, or property, without due process of law.
What is the 14th Amendment Section 4 simplified? ›Section 4 Public Debt
The validity of the public debt of the United States, authorized by law, including debts incurred for payment of pensions and bounties for services in suppressing insurrection or rebellion, shall not be questioned.
Let us start by examining the three levels of review applied in Equal Protection and Due Process cases: (1) Rational Basis Review; (2) Intermediate Scrutiny; (3) Strict Scrutiny.
What is an example of equal protection clause? ›For example, a state may not prohibit inter-racial marriages, or deny child custody to a couple because they are of different races. Also, as mentioned above, any laws requiring segregation of the races will be held unconstitutional.
What are the three tests of equal protection analysis? ›Equal Protection Analysis
After proving this, the court will typically scrutinize the governmental action in one of several three ways to determine whether the governmental body's action is permissible: these three methods are referred to as strict scrutiny, intermediate scrutiny, and rational basis scrutiny.
For example, if a witness invokes the Fifth but goes on to selectively answer questions about the same subject matter, a judge might decide that the later answers invalidate the initial waiver.
Why would an innocent person plead the fifth? ›Reiner concluding that an innocent witness may validly claim the fifth amendment privilege against self-incrimination. The fifth amendment provides that “no person shall be compelled in any criminal case to be a witness against himself.” Ohio v.
Where can you not plead Fifth? ›Although the terms “witness” and “criminal case” naturally evoke visions of a criminal trial, the Supreme Court has long held that the Fifth Amendment applies outside a criminal courtroom. It applies any time a person is forced to make a statement that could be used to incriminate him.
Can you plead the fifth in front of a grand jury? ›If your testimony could be conceivably used to prosecute you, even if such prosecution would not be meritorious, you can invoke the fifth.
Do I have the right to remain silent? ›At common law, suspects and accused persons have the right to remain silent during pre-trial investigations, which includes the right not to answer questions put to them by the police.
What is an example of due process violation? ›
A violation of due process is anything that includes depriving a person of “life, liberty, or property, without due process of law." An example of such a violation would be law enforcement searching an individual's property without a warrant.
What counts as cruel and unusual punishment? ›Cruel and unusual punishment includes torture, deliberately degrading punishment, or punishment that is too severe for the crime committed. This concept helps guarantee due process even to convicted criminals.
What is the fifth plead? ›: to refuse to answer questions in a court of law because the answers might be harmful to one or might show that one has committed a crime. When called to testify, he took the Fifth. often used figuratively.
What is an example of the 8th Amendment being violated? ›A case in which the Court found that sentencing a mentally disabled person to death is a violation of the Eighth Amendment's Cruel and Unusual Punishment Clause.
Why should you always plead the Fifth? ›The 5th Amendment protects individuals from being forced to testify against themselves. An individual who pleads the 5th cannot be required to answer questions that would tend to incriminate himself or herself. Generally, there is no penalty against the individual for invoking their 5th Amendment rights.
Can you plead the fifth if subpoenaed? ›Can I plead the Fifth if subpoenaed to testify or produce documents to a congressional committee? Yes. The Supreme Court has held that the Fifth Amendment right against self-incrimination is available to recipients of congressional subpoenas.
What are reasons to get out of a subpoena? ›Valid Reasons to Get Out of a Subpoena
Examples of reasons a person may fail to appear in court include: Self-incrimination. Privilege (ex: Violating a doctor-patient privilege by releasing their medical records) Family or medical emergency.
“The Right to Silence” is described as 'the protection given to a person during criminal proceedings, from adverse consequences of remaining silent'. It is also sometimes referred to as the privilege against 'self-incrimination'.
Is silence enough to invoke the right to remain silent? ›Invoke your Fifth Amendment Rights
Merely staying silent is not enough. You must advise the officers, “I am invoking my Fifth Amendment right to remain silent.” Otherwise, your silence during a police encounter may be used against you.
The right to silence is a legal principle which guarantees any individual the right to refuse to answer questions from law enforcement officers or court officials. It is a legal right recognized, explicitly or by convention, in many of the world's legal systems.
Can Article 14 be violated? ›
"We find that as such the equals are treated unequally and therefore when the equals are treated unequally, there is a violation of Article 14 of the Constitution and therefore, the appellants were entitled to the relief sought even in the exercise of powers under Article 226 of the Constitution of India," it said.
What is the meaning of Article 14 section 14? ›Article XIV Section 14 of the Constitution provides that "the State shall foster the preservation, enrichment, and dynamic evolution of a Filipino national culture based on the principle of unity in diversity in a climate of free artistic and intellectual expression."
What is the meaning of Article 14 section 11? ›Section 11. The Congress may provide for incentives, including tax deductions, to encourage private participation in programs of basic and applied scientific research.
How do you prove a violation of due process? ›In order to successfully establish a prima facie case for a procedural due process violation, a plaintiff must show that: (1) there has been a deprivation of the plaintiff's liberty or property, and (2) the procedures used by the government to remedy the deprivation were constitutionally inadequate.
Can you sue for violation of 14th Amendment rights? ›United States law allows an individual who believes that his or her constitutional rights have been violated to bring a civil action against the government to recover the damages sustained as a result of that violation.
What are the two types of due process violations? ›Due process under the Fourteenth Amendment can be broken down into two categories: procedural due process and substantive due process.
What does the 14th Amendment mean in simple words? ›Passed by the Senate on June 8, 1866, and ratified two years later, on July 9, 1868, the Fourteenth Amendment granted citizenship to all persons "born or naturalized in the United States," including formerly enslaved people, and provided all citizens with “equal protection under the laws,” extending the provisions of ...
What are 4 protections and rights in the 14th Amendment? ›No State shall make or enforce any law which shall abridge the privileges or immunities of citizens of the United States; nor shall any State deprive any person of life, liberty, or property, without due process of law; nor deny to any person within its jurisdiction the equal protection of the laws.
What does the 14th Amendment mean in kid words? ›It says that anyone born in the United States is a citizen and has the rights of a citizen. This was important because it ensured that the freed slaves were officially U.S. citizens and were awarded the rights given to U.S. citizens by the Constitution.
What is an example of Equal Protection Clause violation? ›A violation would occur, for example, if a state prohibited an individual from entering into an employment contract because he or she was a member of a particular race. The clause is not intended to provide equality among individuals or classes but only equal application of the law.
What two elements are required to establish a claim under the Equal Protection Clause? ›
To prove an equal-protection claim based on uneven enforcement of a law, the plaintiffs must show (1) that the government official is treating them differently from similarly situated persons, and (2) that the government is unequally applying the laws (e.g., statutes, regulations, ordinances) for the purpose of ...
What are the 3 levels of scrutiny? ›Then the choice between the three levels of scrutiny, strict scrutiny, intermediate scrutiny, or rational basis scrutiny, is the doctrinal way of capturing the individual interest and perniciousness of the kind of government action.
What is a substantive due process case? ›Substantive due process asks the question of whether the government's deprivation of a person's life, liberty or property is justified by a sufficient purpose. Procedural due process, by contrast, asks whether the government has followed the proper procedures when it takes away life, liberty or property.
What court case used the Equal Protection Clause? ›...
List of 14th amendment cases.
Case name | Plessy v. Ferguson |
---|---|
Year | 1896 |
Citation | 163 U.S. 537 |
Decision | separate but equal for public facilities |
The Equal Protection Clause requires states to treat their citizens equally, and advocates have used it to combat discriminatory laws, policies, and government actions.
What is the three part test to determine when this was a right protected under the Constitution? ›There are three judicial review tests: the rational basis test, the intermediate scrutiny test, and the strict scrutiny test. The intermediate scrutiny test and the strict scrutiny test are considered more stringent than the rational basis test.
What is the three part Lemon test? ›Under the "Lemon" test, government can assist religion only if (1) the primary purpose of the assistance is secular, (2) the assistance must neither promote nor inhibit religion, and (3) there is no excessive entanglement between church and state.
What is the usual standard of review for equal protection cases? ›Strict scrutiny will often be invoked in an equal protection claim. For a court to apply strict scrutiny, the legislature must either have passed a law that infringes upon a fundamental right or involves a suspect classification. Suspect classifications include race, national origin, religion, and alienage.
How do you summarize the 5th Amendment? ›The Fifth Amendment creates a number of rights relevant to both criminal and civil legal proceedings. In criminal cases, the Fifth Amendment guarantees the right to a grand jury, forbids “double jeopardy,” and protects against self-incrimination.
What are the four main points of the 5th Amendment? ›Although the amendment contains several provisions, four elements protect a person accused of a crime: the right against compelled self-incrimination, the right to a grand jury, the right of protection against double jeopardy and the right to due process.
How can I remember the first 5 amendments? ›
- R.A.P.P.S Religion, Assembly, Petition, Press, and Speech.
- You have two arms, You have the right to bear arms.
- THREE's a crowd, you don't have to quarter soldiers (let more. ...
- Search 4 something. ...
- I plead the fifth. ...
- Look below … ...
- The number 7 looks like an upside down J! ...
- The number 8 looks like handcuffs.
The Fifth Amendment to the U.S. Constitution provides that “no person … shall be compelled in any criminal case to be a witness against himself.” The right was created in reaction to the excesses of the Courts of Star Chamber and High Commission—British courts of equity that operated from 1487-1641.
What is a real life example of the 5th Amendment? ›Example: I receive a subpoena to testify in a criminal trial. While on the stand, I am asked questions that may incriminate me if I answer truthfully. I request not to answer the question based upon the observance of my 5th Amendment right against self incrimination.
What is the most important part of the 5th Amendment? ›One of the most important protections provided by the Fifth Amendment is the right against self-incrimination. This means you have the legal right to refuse to answer questions or speak to anyone involved in a criminal investigation if you believe what you say could incriminate you.
What are examples of 5th Amendment? ›During a criminal trial, the Fifth Amendment pertains to more individuals than just the defendant. For example, a witness may refuse to testify if doing so would have him or her self-incriminate, even if the criminal conduct in question is not related to the actual case.
What four basic rights are protected by the 6th Amendment? ›The Sixth Amendment guarantees the rights of criminal defendants, including the right to a public trial without unnecessary delay, the right to a lawyer, the right to an impartial jury, and the right to know who your accusers are and the nature of the charges and evidence against you.
Can you plead the 5th in a grand jury? ›If your testimony could be conceivably used to prosecute you, even if such prosecution would not be meritorious, you can invoke the fifth.
What is forbidden by the 8th Amendment? ›Excessive bail shall not be required, nor excessive fines imposed, nor cruel and unusual punishments inflicted.
Are amendments easy to pass? ›The amendment process is very difficult and time consuming: A proposed amendment must be passed by two-thirds of both houses of Congress, then ratified by the legislatures of three-fourths of the states.
What are the first 10 amendments for dummies? ›- Amendment I. Freedoms, Petitions, Assembly. ...
- Amendment II. Right to bear arms. ...
- Amendment III. Quartering of soldiers. ...
- Amendment IV. Search and arrest. ...
- Amendment V. Rights in criminal cases. ...
- Amendment VI. Right to a fair trial. ...
- Amendment VII. Rights in civil cases. ...
- Amendment VIII. Bail, fines, punishment.
What is the 10th amendment? ›
The powers not delegated to the United States by the Constitution, nor prohibited by it to the States, are reserved to the States respectively, or to the people.
What is amendment 7 simplified? ›In Suits at common law, where the value in controversy shall exceed twenty dollars, the right of trial by jury shall be preserved, and no fact tried by a jury, shall be otherwise re-examined in any Court of the United States, than according to the rules of the common law.
What is the 9th amendment simplified? ›The Ninth Amendment was part of the Bill of Rights that was added to the Constitution on December 15, 1791. It says that all the rights not listed in the Constitution belong to the people, not the government. In other words, the rights of the people are not limited to just the rights listed in the Constitution.