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2016 Miranda v Arizona
Miranda v. arizona case brief
Miranda v. arizona case brief
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Miranda vs. Arizona: This case had to do with an Ernest Miranda who raped a Patty McGee*. After extracting a written confession from the rapist about the situation, Miranda’s lawyer argued that it was not valid since the Phoenix Police Department failed to read Miranda his rights, also in violation of the Sixth Amendment which is the right to counsel. Some factors that helped support Miranda’s arguments were that the suspect had requested and been denied an opportunity to consult with a lawyer; the suspect had not been effectively warned about his right to remain silent; and an incriminating statement must have been given by the suspect. The author of the Arizona court’s decision, former U.S. Senator and Arizona governor Ernest W. McFarland, said that Miranda had not requested a lawyer at the time of his detention and therefore was not entitled to the protections offered by such thins as in the Escobedo vs. Illinois case. Two months after the nation’s highest court agreed to hear arguments in the case of Miranda vs. Arizona, John Flynn and John Frank submitted their outline of the case and legal arguments in support of their position. They continued their argument that Ernest Miranda’s Sixth Amendment right to counsel had been violated by the Phoenix Police Department: “The day is here to recognize the full meaning of the Sixth Amendment,” they wrote. “We invoke the basic principles (that) ‘he requires the guiding...
The police responded to a tip that a home was being used to sell drugs. When they arrived at the home, Gant answered the door and stated that he expected the owner to return home later. The officers left and did a record check of Gant and found that his driver’s license had been suspended and there was a warrant for his arrest. The officers returned to the house later that evening and Gant wasn’t there. Gant returned shortly and was recognized by officers. He parked at the end of the driveway and exited his vehicle and was placed under arrest 10 feet from his car and was placed in the back of the squad car immediately. After Gant was secured, two officers searched his car and found a gun and a bag of cocaine.
After two hours of interrogation by the police, Miranda wrote a complete confession, admitting to the kidnapping and rape of an eighteen-year-old girl ten days earlier. Alvin Moore was assigned to represent Miranda at his trial which began June 20th, in front of Maricopa County Superior Court Judge Yale McFate. It was pointed out that Miranda had not been informed of his Fifth Amendment right to have an attorney present during police questioning. Despite that he had not been informed of his rights, Miranda was convicted, forcing him to appeal to the Arizona Supreme Court. The charges as well as the verdict remained the same. Miranda appealed to the U.S. Supreme Court in June of 1965. Criminal Defense Attorney John Flynn agreed to represent Miranda in Alvin Moore’s stead. The Supreme Court agreed that the written confession was not acceptable evidence because of Ernesto’s ignorance of his Fifth Amendment rights, and the police’s failure to inform him of them. Then state of Arizona re-tried him without the confession but with Twila Hoffman’s testimony. He was still found guilty and was sentenced to twenty to thirty years in prison, but this case set precedence for all other cases of this
The Case of Arizona v. Hicks took place in 1986; the case was decided in 1987. It began on April 18th 1984, with a bullet that was shot through the floor in Hick’s apartment; it had injured a man in the room below him. An investigation took place. Officers were called to the scene. They entered Mr. Hicks’ apartment and discovered three weapons and a black stocking mask.
In an article written by a Senior student they discuss a monumental moment in Mexican American history concerning equality in the South. The student’s paper revolves around the Pete Hernandez V. Texas case in which Hernandez receives a life in prison sentence by an all white jury. The essay further discusses how Mexican Americans are technically “white” americans because they do not fall into the Indian (Native American), or black categories and because of the Treaty of Guadalupe Hidalgo of 1848. The student’s paper proceeds to discuss the goals connecting the Hernandez V. Texas case which was to secure Mexican American’s right within the fourteenth amendment [1].
...e police officers. Miranda established the precedent that a citizen has a right to be informed of his or her rights before the police attempt to violate them with the intent that the warnings erase the inherent coercion of the situation. The Court's violation of this precedent is especially puzzling due to this case's many similarities to Miranda.
Arizona’s Constitution was written sometime in 1910; amended, ratified, and approved by Congress in 1911. Then Arizona became the 48th state and the last adjoining state to be welcomed in the Union; on February 14, 1912. Since then the citizens of Arizona has amended their Constitution many times. The Constitution consists of thirty articles. There were quite a lot of events that impacted the process of Arizona becoming its own state. The first section will examine the events that developed Arizona Constitution. The next section will summarize the powers and functions of Arizona's three branches of government. In the following section will discuss the procedures for amending this Constitution. Finally, a reflection on the amendment process for the Arizona Constitution will close this document.
Lawrence v. Texas In the case Lawrence v. Texas (539 U.S. 558, 2003) which was the United States Supreme Court case the criminal prohibition of the homosexual pederasty was invalidated in Texas. The same issue has been already addressed in 1989 in the case Bowers v. Hardwick, however, the constitutional protection of sexual privacy was not found at that time. Lawrence overruled Bowers and held that sexual conduct was the right protected by the due process under the Fourteenth Amendment. The effects of the ruling were quite widespread and led to invalidation of the similar laws throughout the United States that tried to criminalize the homosexual activity of adults who were acting in privacy.
Euthanasia is a word whose roots can be traced back to Greece where it meant good death. It encompasses various dimensions, from active where something is introduced to cause death, to passive where treatment or supportive actions are withheld. It also varies from voluntary euthanasia where one consents to it, to involuntary where a guardian can give consent and doctor assisted in which the doctors prescribes the medication and a third party or patient administers the prescription to cause death. Wishes for premature death have significantly contributed to the long debate regarding the role of this practice in the current health care. The debate however cuts across dynamic and complex aspects like ethical, legal, health, human rights, economic, religious, social, spiritual and cultural aspects of the enlightened society (Math & Chaturvedi, p. 889). Here, this intricate issue is argued from both sides of the ongoing debate and also the plight of the caregivers and the victims.
Defenders of the Miranda decision say that fewer crimes solved are for a good reason. They believe that law enforcement officers were forced to stop coercive questioning techniques that are unconstitutional. Over the years, the Supreme Court has watered down its stance in saying that the Miranda rules are not constitutional obligations, but rather “prophylactic” safeguards intended to insure that officers do not force a confession from a suspect. The need for both effective law enforcement as well as protection of society dictates the need for potential alternatives to the limitations of Miranda that would simultaneously protect the interest of society in effective law enforcement while at the same time providing protection to suspects against unconstitutional force (www.ncpa.org).
Arizona V. Hicks discusses the legal requirements law enforcement needs to meet to justify the search and seizure of a person’s property under the plain view doctrine. The United States Supreme Court delivered their opinion of this case in 1987, the decision is found in the United States reports, beginning on page 321, of volume 480. This basis of this case involves Hicks being indicted for robbery, after police found stolen property in Hick’s home during a non-related search of the apartment. Hicks had accidentally discharged a firearm into the apartment below him, injuring the resident of that apartment. Police responded and searched Hicks apartment to determine the identity of the shooter, recover the weapon, and to locate other victims.
The Arizona Supreme Court upheld the conviction and the case was brought before the Supreme Court of the United States with the help of the American Civil Liberties Union (ACLU). The case was discussed between February 28 and March 1, 1966 before the Court of Warren. The Chief Justice, Earl Warren wrote the majority opinion on behalf of himself and judges Hugo Black, William Douglas, William Brennan Jr. and Abe Fortas. The supreme judge John Marshall Harlan wrote the dissenting opinion and was joined by judges Porter Stewart and Byron White. Judge Tom Clark wrote a concurring opinion against. During oral arguments before the Supreme Court, the Miranda case centered around whether were not violated or the rights of the Fifth Amendment of Miranda against self-incrimination and the rights of the Sixth Amendment to consult a lawyer before make
Miranda and his lawyers argued that his fifth and sixth amendment was violated. Within the fifth and sixth amendment they argued that Miranda testified against himself and also that he asked for a lawyer. In a pace law review they state that “The police officers questioning him did not inform him of his right against self-incrimination nor
Keown, John. "The Value of Human Life." Euthanasia, Ethics, and Public Policy: An Argument against Legalisation. Cambridge, UK: Cambridge UP, 2002. 39. Print.
Euthanasia is a sensitive topic and its sensitivity brings the world to a division. The two sides are those who support the issue and those who are not in favour. The side that supports the idea can argue that...
Lewis, P. (2007). The Empirical Slippery Slope from Voluntary to Non- Voluntary Euthanasia .Journal of Law, Medicine & Ethics, 20, 197-205.