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Juveniles to treat like adults
Introduction to miranda rights
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This week I will be talking about a juvenile case that had allegedly violated a young man Fifth Amendment Rights, meaning that he was read his Miranda Rights after confessing to the crimes that he was accused of. The case I will be speaking about is the “Yarborough v. Alvarado, 541 U.S. 652, 124 S. Ct. 2140, 158 L. Ed. 2d 938 (2004).” When it comes to knowing who is actually defined as a juvenile and an adult is a very thin line and the law for a juvenile is normally defined as an individual who is not of age to be held accountable for their unlawful acts until they reach the age of 18 years old. Now for the case of Micheal Alvarado, age 17 years old, who was accused and convicted of second-degree murder and attempted robbery in 2004. Mr. Alvarado …show more content…
When he was being questioned Micheal was not under arrest and was not read his Miranda Rights but during the interview with investigators he admitted to his contribution. Based on his confession and statements he was arrested along with found guilty of second-degree murder and attempted robbery. But the “Ninth Circuit Court of Appeals overturned his conviction and found that since the offender was an adolescent and felt daunted while he was “in custody” in the terms of Miranda Rights and should have been read his rights” (Yarborough v. Alvarado, 2004, p. 1, 3rd paragraph, 4th sentence). The main issue of this case is whether or not the police officers should have thought about Micheal’s age and the history of the suspect when deciding whether or not he was “in custody” and for that reason entitled to his Miranda warnings under the Fifth …show more content…
Alvarado, in which the Court had declined to overturn a state court's conclusion that a minor was not in custody for Miranda purposes during his police interview” (Wikipedia, 2015). According to the case brief website, “Justice Breyer notes that case law makes it clear that in determining whether a defendant is “in custody” for Miranda purposes, the court should consider freedom of movement. In the present case, the dissent argues, respondent was not given freedom of movement; adding that when a suspect is close to the age of majority, the fact that he is a juvenile should not be given such weight” (Yarborough v. Alvarado, 2004). Basically, the case was overturned by the Ninth Circuit Court on grounds that the Miranda, a suspect who is “in custody” when their freedom of movement is restricted. But since Alvarado was never read his rights before he confessed to the involvement of murder and robbery he should not be treated any differently than any juvenile because of his age being so close to the adult court system age limit. Through Alvarado’s murder trial in a state court, the motions to suppress his statements that he had given was denied on the grounds that Alvarado was not actually in police custody at the time of questioning and thus the police officers did not feel that they had to read him his Miranda
Within the last five years, violent offenses by children have increased 68 percent, crimes such as: murder, rape, assault, and robbery. Honestly, with these figures, it is not surprising at all that the Juveniles Courts focus less on the children in danger, and focus more on dangerous children. This in fact is most likely the underlying reasoning behind juveniles being tried as adults by imposing harsher and stiffer sentences. However, these policies fail to recognize the developmental differences between young people and
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
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).
The Court ruled for the juvenile, stating that his rights to due process were indeed violated according to the Fourteenth Amendment. “The proceedings of the Juvenile Court failed to comply with the Constitution. The Court held that the proceedings for juveniles had to comply with the requirements of the Fourteenth Amendment” (Oyez, n.d.). The Court analyzed the juvenile court's method of handling cases, verifying that, while there are good reasons behind handling juveniles in a different way from adults, adolescents seeking to settling delinquency and detainment cases are qualified for certain procedural safeguards under the Due Process Act of the Fourteenth
Ernesto Miranda grew up not finishing high school. He didn’t finish the 9th grade, and he decided to drop out of school during that year. He also had a criminal record and had pronounced sexual fantasies after dropping out of high school. Ernesto Miranda was arrested in Phoenix in 1963. He had raped an 18 yr. girl who was mildly mentally handicapped in March of 1963. He was charged with rape, kidnapping, and robbery. When he was found and arrested, and he was not told of his rights before interrogation. After two hours of interrogation, the cops and detectives had a written confession from Miranda that he did do the crimes that he was acquitted for. Miranda also had a history mental instability, and had no counsel at the time of the trial. The prosecution at the trial mainly used his confession as evidence. Miranda was convicted of both counts of rape and kidnapping. He was sentenced to 20-30 years in prison. He tried to appeal to the Supreme Court in
Elsen, Sheldon, and Arthur Rosett. “Protections for the Suspect under Miranda v. Arizona.” Columbia Law Review 67.4 (1967): 645-670. Web. 10 January 2014.
...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.
“With the language in J.D.B. as a guide, there is now an open door that litigators can walk through to make a variety of challenges when a seasoned law enforcement officer questions an immature child” (Tepfer). Even Justice Samuel Alito agreed with the previous statement, adding that in future cases dealing with children the court should consider age and additional characteristics that could affect the person under interrogation. Because there is not a written rule that can be applied to all cases, there have still been many issues dealing with children subjected to police questioning. In the case People v. White, the primary focus was whether the officer should have known that the suspect was at an understanding of the Miranda warnings or if the suspect was in a position to make a self-incriminating
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.
Supreme Court ruling Graham v. Florida (2010) banned the use of life without parole for juveniles who committed non-homicide crimes, and Roper v. Simmons (2005) abolished the use of the death penalty for juvenile offenders. They both argued that these sentences violated the 8th Amendment, which prohibits cruel and unusual punishment. While these landmark cases made great strides for the rights of minors passing through the criminal justice system, they are just the first steps in creating a juvenile justice system that takes into consideration the vast differences between adolescents and adults. Using sociological (Butler, 2010) and legal (Harvard Law Review, 2010) documents, this essay will explicate why the next such step to be taken is entirely eliminating the use of the life without parole sentence for juveniles, regardless of the nature of the crime being charged.
Over the years the way law enforcement officers have been able to investigate cases has been drastically changed over the years. Investigations used to be a very prying, and vindictive matter. Now it is very delicate. Since the Miranda case, law enforcement has been very open and aware of defendants’ rights.
The Miranda warnings stem from a United States Court’s decision in the case, Miranda v. Arizona. There are two basic conditions that must be met for Miranda warnings to be required: the suspect must be in official police custody and the suspect must be under interrogation. The suspect goes through a booking process after an arrest. The suspect will have a bond hearing shortly after the completion of the booking process or after arraignment. The arraignment is the suspect’s first court appearance to officially hear the charges filed against him or her and to enter a plea. The preliminary hearing or grand jury proceeding determines if there is substantial evidence for the suspect to be tried for the crime charged. In this essay, I will identify and describe at least four rights afforded criminal defendants at the arrest stage and during pretrial. I will analyze the facts presented and other relevant factors in the scenario provided. I will cite legal authority to support my conclusions.
The Supreme Court of the United States in a 5-4 ruling decided in favor of Miranda. The Supreme Court felt that since an interrogation is a very intimidating spot to be on the suspect 's rights are automatically triggered. This includes the fifth amendment and the the sixth amendment which entitles a person to an attorney. They claimed that undoubtedly the fifth amendment is a privilege. Along with this case they also settled four other cases that were similarly close
Working for the Washington, D.C. Public Defender’s Office in the fall of 1995, I witnessed first hand the inadequacies of our legal system with respect to juvenile offenders. I believe that juvenile justice is a worthwhile topic because of its relevance to every member of American society. If we do not help children in trouble today, they will not have the capacity to be functi...
The United States has been affected by a number of crimes committed by juveniles. The juvenile crime rate has been increasing in recent years. Everyday more juveniles commit crimes for various reasons. They act as adults when they are not officially adults. There is a discussion about how juveniles should be punished if they commit heinous crimes. While many argue that juveniles who commit serious crimes, such as murder, should be treated as adults, the fact is, juveniles under the age of eighteen, are not adults, and should not be treated as such.