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Essays on miranda rights
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Essays on miranda rights
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Thesis: The Miranda Rights as they are today are no longer appropriate and need to be modified. A young couple is murdered in the middle of the night. The next night a single mother of two is raped and killed in her apartment. Her children murdered beside her. A killer is on the loose. The citizens are scared. The police form a task force. Finally, after weeks of investigations and false leads, a suspect is identified and apprehended. The suspect is interrogated and eventually confesses to the crimes. The suspect also admits to other murders that until now were unknown to the Law Enforcement community. Months later the case is tried in court. An experienced defense attorney discovers that during the interview, the detective who interrogated the suspect forced the suspect to continue talking, even after the suspect stated he did not want to continue the interview. After this is brought to the attention of the judge, the admission of guilt and all information obtained thereafter are thrown out of court. The result? The killer goes free. Is this story fact or fiction? While the details discussed are fictional, stories like this with facts that are almost identical play out in court rooms across American many times each year. Killers, Rapists, Drug Dealers, and many other criminals are being set free in our country. Not because they are not guilty, but because they are were not allowed to exercise their right to remain silent. If somebody abducts your child and the police apprehend a suspect, they should be allowed to make every attempt possibly to solicit information about the whereabouts of your child regardless of the desires of the criminal. And if the criminal eventually provides ... ... middle of paper ... ...ind Law. 30 July 30, 2010. http://criminal.findlaw.com/crimes/criminal_rights/your-rights-miranda/miranda.html Cooke, Michael. “Case brief of Miranda vs. Arizona 1966: A look into the Supreme Court case of Miranda v Arizona, and how it changed suspect rights”. Essortment, information and advice you want to know. 2002. 7 Aug 2010. http://www.essortment.com/all/mirandavsarizo_roui.htm Hayes, Stephen. “Miranda Rights for Terrorists”. WeeklyStandard.com. 19 June 2009. 6 Aug 2010.http://www.weeklystandard.com/weblogs/TWSFP/2009/06/miranda_rights_for_terrorists.asp Cassell, Paul. “Miranda Rights”. Online News Hour. 6 January 2000. 8 Aug 2010. http://www.pbs.org/newshour/bb/law/jan-june00/miranda_1-6.html Graham, Lindsey. “Sen. Lindsey Graham: Miranda rights 'counterproductive'”. Politico. 5 May 2010. 5 August 2010. http://www.politico.com/news/stories/0510/36813.html
The Supreme Court ruled that due to the coercive nature of the custodial interrogation by police, no confession could be admissible under the Fifth Amendment self-incrimination Clause and Sixth Amendment right to an attorney unless a suspect has been made aware to his rights and the suspect had then waived them
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).
Miranda Vs Arizona was a United States Supreme Court case in 1966. The court “ruled that a criminal suspect must make a knowing, intelligent, and voluntary decision to waive certain constitutional rights prior to questioning” (Ortmeier, 2005, 285). This ruling meant that suspects must be aware of their right to remain silent and that if they choose to speak to the police the conversation can be used against them in a court of law. If they do decide to speak under police it must not be under false promises
``In criminal law, confession evidence is a prosecutor’s most potent weapon’’ (Kassin, 1997)—“the ‘queen of proofs’ in the law” (Brooks, 2000). Regardless of when in the legal process they occur, statements of confession often provide the most incriminating form of evidence and have been shown to significantly increase the rate of conviction. Legal scholars even argue that a defendant’s confession may be the sole piece of evidence considered during a trial and often guides jurors’ perception of the case (McCormick, 1972). The admission of a false confession can be the deciding point between a suspect’s freedom and their death sentence. To this end, research and analysis of the false confessions-filled Norfolk Four case reveals the drastic and controversial measures that the prosecuting team will take to provoke a confession, be it true or false.
...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.
Unfortunately, however, after years of a happy marriage, Janie accidentally kills her husband during an argument. Her town forces her not only to deal with the grief, but to prove her innocence to a jury. Enduring and overcoming her three husbands and forty years of life experiences, Janie looks within herself to find and use her long hidden, but courageous voice.
Convictions. Now Juries Expect the Same Thing – and That's a Big Problem.” U.S. News
If the suspect refuses his right to an attorney, they may begin questioning him. If he/she decides invoke their right to remain silent, the police may not question the suspect, however they may at a later time attempt to question him again.
The victim is nineteen year old Khadijah Stewart. Stewart had grown up in the south side of Richmond, Virginia (a high crime area) where she met a boy named Tommie. Both were in middle school but Tommie soon got arrested for robberies and gun charges, he was sentenced to life as a juvenile. As time goes on Stewart forms a history of dating bad boys. The main on and off again boyfriend throughout her high school years was a young man named Lionel. In High school Stewart is skipping school to hang out Lionel and his gang members. Afraid how the streets could impact Stewart, the mother moves the family to Chesterfield County, a successful middle class suburbs, to create new life. As her life is changing for the better her heart longs to maintain
The Self-Incrimination Clause of the Fifth-Amendment to many American citizens and law makers is considered abstract. The complexity of this concept can easily be traced back to its beginning in which it lacked an easily identifiable principle. Since its commencement in 1789 the United States Judicial system has had a hard time interpreting and translating this vague amendment. In many cases the courts have gone out of their way to protect the freedoms of the accused. The use of three major Supreme Court disputes will show the lengths these Justices have gone through, in order to preserve the rights and civil liberties of three criminals, who were accused of heinous crimes and in some cases were supposed to face up to a lifetime in federal prison.
Miranda v. Arizona is a very important activist decision that required police to inform criminal suspects of their rights before they could be interrogated. These rights include: the right to remain silent, that anything you say can and will be used against you in a court of law, you have a right to an attorney, if you cannot afford an attorney one will be appointed to you be the court. In this case the Fifth Amendment's right that a person may not be forced to incriminate one's self was interpreted in an activist way as meaning that one must be aware of this right before on is interrogated by the police. Prior to this ruling it was common practice to force and coerce confessions from criminal suspects who did not know they had the right not to incriminate themselves.
I hope in this paper I have made people more aware of what exactly are the Miranda rights. It is very crucial to understand these incase you are involved in an interrogation sometime in ones life. You have the rights afforded to you under the constitution, and it is important you exercise those rights.
The court argued that the case was not about whether Miranda was guilty of the charges or not (he obviously confessed). Rather they argued that the case was about the way in which the interrogation was derived. The court’s ruling was meant to deal with the mistreatment of suspects by policemen during interrogation. Policemen are notorious for mistreating interrogents (alovardohistory). Prior to this case a possible witness was beaten, kicked, and was burned on the back with lighted cigarette butts just in order to extract a testimony. The Supreme Court determined that the accused must be read the following rights: “You have the right to remain silent. Any...
The perpetrator was a young girl of the age 15. She is nothing more than a child but she killed another girl of the age 9. her name is Alyssa Dailen Bustamante. Bustamante was a very troubled child. Her father , Caesar Bustamante, was sentences for 10 years on charges of assault. So he was not there for Alyssa and neither was her mother, Michelle Bustamante. Michelle was not a physically abusive mother, but instead she was a mentally abusing mother. Michelle abandoned Alyssa. She was addicted to drugs and drinking. Alyssa would find her mother passed out and or high on the couch on several occasion. This was at the age of 6 when Alyssa remembers seeing her mother like that. experts say that children who experience events like this tend to be traumatized or not pay attention to it and move on. Alyssa was assumed to be the former. Fortunately for Alyssa, in 1998 she was taken from her mother and placed under custody of her grandmother, Karen Brooke, along with her two brothers and one sister. It was hoped that Alyssa’s life would change for the better, but it did
...wly walks down the stairs, while she tries to crawly to the door. He sands over her. She looks up at him. A smile covers his face. He picks up his gun and aims it at her head. He picks up his gun and aims it at her head. "How could you?" she screams. "How could you kill our only son?" She crawls away. He pulls the trigger and the bullet enters her head. Her body drops to the ground. Blood comes out and circles her head. He stares at her dead body. A smile re-counters his face. He puts his gun away and walks through the front door. He gets in his 65' blue Chevy and drives away. A few says later a friend of the woman (Jackie) finds her laying dead in the front room with dry blood around his head. The cops ere called, the body was examined, the body was burred, The house was sold, and everything went back to normal. The killer was never found. The man was never caught.