...Miranda v. Arizona (1966) In 1963 Ernesto Miranda was arrested and charged with rape, kidnapping, and robbery (Landmark Cases). After being arrested, Miranda was interrogated for hours where Miranda allegedly confessed to the crimes. He then stood trial were this confession being the only evidence from the prosecution and he was convicted and sentenced to 20 to 30 years in prison. Ernesto Miranda never finished the ninth grade, had a history of mental problems and received no counsel during the interrogation or trial. Following his conviction, Miranda appealed to the Arizona Supreme Court “claiming that the police had unconstitutionally obtained his confession” (Landmark Cases). The court upheld the conviction. He then appealed to the U.S. Supreme Court, which finally looked at the case in 1966. Upon evaluation of the case the court found many flaws in the arrest of Ernesto Miranda. Under the Fifth Amendment the suspect has right to refuse to be a witness against himself and the Six Amendment, which gives a guarantee to a criminal defendants the right to an attorney (Landmark Cases). This is the police’s duty to inform all suspects of these rights, something that was not given prior to the two-hour interrogation. Chief Justice Earl Warren made this all part of the written decision in a 5-4 ruling by The Supreme Court that overturned the conviction of Ernesto Miranda (Landmark Cases). Ernesto Miranda would later be retried and convicted of the same crimes without the...
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...Miranda v. Arizona: Half a Century Later by: September 2nd, 2014 I. INTRODUCTION A. Executive Summary – In 1966, the U.S. Supreme Court deliberated the case Miranda v. Arizona the most important aspect of due process and criminal procedure ever affecting law enforcement and prosecutorial conduct of an investigation. The main issues in this case were: * The admissibility of a defendant’s statements if such statements were made while the defendant was held in police custody or deprived of freedom of movement in a significant way; * What procedures were required to guarantee the defendant’s privilege against self-incrimination according to the Fifth Amendment of the U.S. Constitution? This case is considered the summit of the criminal procedure evolution establishing specific procedures to safeguard the rights of defendants beyond the courtroom and onto the police station. The procedural details and the breadth of civil rights tangled in these four cases, made this decision the pinnacle case in the area of criminal procedure. Nowadays, this decision gave the name to what is widely known as the “Miranda Warnings” which include: 1. The suspect has the right to remain silent, 2. Anything he/she says may be used as evidence against him, 3. He/she has a right to the presence of an attorney during questioning, and 4. If indigent, he/she has a right to a lawyer selected for him without charge. II. STATEMENT OF FACTS RELATING TO THE...
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...The brilliant work of Hamilton was displayed through the masterful musical "Hamilton" created by Lin-Manuel Miranda. As Niccoló Machiavelli claims, a politician's success relies on two factors; his own abilities or skills and his external circumstances. These hold true for what led Alexander Hamilton to successes. "By fourteen, they placed him in charge of a trading charter" (Alexander Hamilton, Miranda). The trading charter involved dealing with associations formed by investors...
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...“You have the right to remain silent. Anything you say can and will be used against you in a court of law. You have the right to an attorney…” This is what you hear on all your favorite cop shows. But where did this saying come from? Throughout history, the U.S criminal justice system has always relied on the due process of law to ensure fair treatment in the judicial system. Authority figures work tirelessly and endless hours to follow regulations to assure only criminals are convicted. These regulations, have been a part of the justice system since its creation in 1791, which ensures the equal protection of life, liberty, and property to all citizens -- a citizen’s entitlement. However, in the 1960s, the view that crime must be...
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...DEVELOPMENT AND SCOPE OF THE MIRANDA WARNINGS Miranda v. Arizona - 384 U.S. 436 (1966) Ernesto Miranda, a 22 year old male, was accused of raping an 18 year old female in 1963. Upon his apprehension, Mr. Miranda was presented with a confession requiring his signature; Mr. Miranda underwent a police interrogation that was reported as spanning upwards of 2 hours – within his interrogation, he made a full confession, agreeing that he did so without duress, force, or threat. However, at no time was Mr. Miranda ever told about this right to council or his right to remain silent. Prior Proceedings: Mr. Miranda was charged with kidnapping Count I; and Rape, Count II; and pronounced guilty by the Superior Court, Maricopa County, Yale McFate, J., entered a judgment of guilty sentenced to serve from twenty to thirty years on each count, to run concurrently. (Arizona, 1965) Vignera v. New York, the defendant made oral admissions to the police after interrogation in the afternoon, and then signed an exculpatory statement upon being questioned by an assistant district attorney later the same evening. Westover v. United States, the defendant was handed over to the Federal Bureau of Investigation by local authorities after they had detained and interrogated him for a lengthy period, both at night and the following morning. After some two hours of questioning, the federal officers had obtained signed statements from the defendant California v. Stewart, the local police held the defendant...
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...The 5th amendment rights protect a person from incriminating themselves in a court of law or during interrogation. I According to Purpura (1997), the Fifth Amendment states : You have the right to remain silent. If you say anything, what you say can be used against you in a court of law. You have the right to an attorney and having the attorney present during questioning. If you cannot afford an attorney, one will be provided for you. Reason for existence The police debated if a accused person confessed to a crime without knowledge of the 5th amendment right, it was the defendant’s fault for not invoking it. These rights were originally passed into law to prevent the police from manipulating citizens who were not well aware of their rights,...
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...Ernesto Miranda was arrested in 1963 after a rape and kidnapping victim identified him, but police officers questioning him did not advise him of his Fifth Amendment right against self-incrimination, or of his Sixth Amendment right to the assistance of an attorney. While he pled guilty to the crime, his attorney later claimed that his confession should have been excluded from trial. The Supreme Court agreed, deciding that the police had not taken proper steps to inform Miranda of his rights. Lower Court Verdict Miranda’s case was initially heard by a trial court in Arizona and he was found guilty of rape and kidnapping. Afterwards, Ernesto Miranda filed an appeal to the Arizona Supreme Court and the trial court’s decision was upheld. Petition...
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...stage. Investigating all of the suspects believed to be involved. This includes gathering evidence at the scene of the crime. If this is a case of probable cause this means gathering any witnesses with reliable information and writing a search warrant request so that you may fully investigate the matter. I believe that the investigation is the most important element. Without that stage there is no way of being able to prove one way or the other what happened or occurred. If necessary you can also request a search warrant for the suspect’s property. Keep in mind that we have to secure the warrants in order for the evidence found in the process of a search to be admissible in court. This is also a way of protecting the suspect’s 4th Amendment rights. In order to invade one’s privacy there has to be probable cause. A search warrant is only issued by a magistrate, if that burden has been met. The investigation process can also save the system a lot of money. I say this because you don’t have to waste valuable time and resources chasing an indictment when you see that either no crime has been committed or that your initial suspect was literally unable to commit the crime. Our next step once we have gathered all of the information and evidence we can legally obtain,...
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...On March 13, 1963 a man named Ernesto Miranda was arrested by the Phoenix Police Department in his own home on circumstantial evidence that he kidnapped and raped a seventeen year old girl ten days earlier. The woman who reported the rape worked at a movie theater in downtown Phoenix and got off of work shortly after 11pm on March 2, 1963. The woman and one of her male coworkers took the bus home but before the woman reached her destination her coworker got off at one of the bus stops. Once she got off at her stop and started walking toward home she said a car pulled out of a driveway and almost hit her. The car started following her in the same direction she was going in and before she knew it someone was reaching out of the car grabbing her and telling her to be quiet and he wouldn’t hurt her. She said she begged the man to let her go but against her wishes he tied her hands together and pushed her into the back seat. Once in the back seat she was then pushed into the floor of the car and her ankles were tied together. She said the man then drove the car out into the Phoenix desert where he raped her. After it was over the man demanded her to give him any money she had which she did. He then drove her back to where he picked her up and let her go. The woman’s terrified family brought her to the hospital to be checked out and shortly after the police took her statement. The police said that based on her statement they were looking for a Mexican man with a moustache...
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...process can be traced back to 1868 thanks to the fourteenth amendment being ratified that year. What is vital to know about the fourth teen amendment is this "No state shall deprive any person life of life, liberty, or property, without due process of law." (Wilson, 2009, p. 33). When I think of due process the first think that comes to my mind is being arrested. During my research on the topic I found some very interesting information in regards to the due process. I found information that states the term due process is much older than 1868. According to Barnabas D. Johnson "The phrase "due process of law" originated in a 1355 restatement of the 1215 Magna Carta, by which for the first time in history (at least in relation to the rights of ordinary people) "the government" — in this case, King John of England — was brought "under the law" ... that is, became subject to something called "the law of the land" which he was not empowered to alter in its fundamental character. This is the origin of the concept of "government under law" as distinct from merely "government by laws";" (Johnson, 2005) I found that information to be unique because more people like myself think of that term coming from the 1868, in fact that term is much older than. Explain how due process protects the accused against abuses by the federal government. The due process protects us in several ways against abuse by the government creating...
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...warning Joseph of his Miranda Rights and further admissible interrogation by explicitly acknowledging that Joseph does not “really understand” what his Miranda Warnings or rights are. However, she states that is okay, because his mother (not his biological mother, but his step-mother, Krista) was present during the interrogation. Hopewell tells Joseph to let her know if he does not understand any part of what she is telling him so that she can further explain. He acknowledges that he understands what she just said by responding “All right.” He also acknowledges that he understands that he is in the police station because of what happened to his father. At this point, Detective Hopewell begins to advise Joseph of...
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...on Ferdinand and Miranda falling in love.Even if the genders were reversed for both Ferdinand and Miranda the story would be different. Prospero pretends to be the overactive dad who is worried about who his daughter is involved with, had Miranda been a boy that type of parenting would have been viewed as weird. If Prospero was a woman, like in the movie, the relationship would be different. Mothers are seen as more sentimental and emotional, while fathers are seen as tough and protective. When Prospero's plan came to the part where he needed Ferdinand and Miranda to believe it was fate that brought them together and that he had nothing to do with it Prospero has to act like a concerned father and intimidates Ferdinand, which would have been harder to believe had Prospero been a female. When Prospero cooked up the tempest Miranda is very upset about the death of the sailors, since she is a female it is ok for her to get emotional and upset about stuff like the shipwreck and the death of people she didn’t even know. (The Tempest Act 1 Scene 2) While Prospero is telling Miranda the story of how they got to the island, he states that “Here in this island we arrived, and here Have I, thy schoolmaster, made thee more profit Than other princesses can that have more time For vainer hours and tutors not so careful.” (The Tempest Act 1 Scene 2) Here he is saying that it was a benefit to her that she had him as a teacher because had they been back in Milan, Miranda would not have gotten...
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...intentions were, and we will also look into the intentions of the right to privacy and criminal rights. Within the first amendment, the most known and widely used right is stated, the freedom of speech. While under common law, people would have to be careful of what they say or write about the government or political parties, as they would be charged with a seditious crime regardless of its truth or relevance. Freedom of speech and of the press was created to allow individuals to speak freely or publish without license their grievances against the conduct of public officials or policies thereof. Although the roots remain the same, the modern day understanding has come with some confusion. In the current times, many still believe in the right to free speech, however; continue to debate what should be covered. Many believe that the burning of the flag or the advertisement of pornography or nude dancing should not be allowed and should be punishable. With time on its side, the first amendment has been scrutinized severely. Thus creating something that is even more confusing than before. With cases like Burstyn v. Wilson in 1952 and the case of the United States v. O’Brien in 1968, the understanding has become clearer on what is accepted and what is not. Even though this is so, in the modern day, it is more about how it is perceived according to today’s standards. The freedom of religion is another major right...
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...Dr. Albert, You bring up some excellent points, which I was greatly excited to farther enlighten myself in! The importance of due process revolution throughout history, and in the future of criminal justice is immensely important! As our government and technology change so do crimes! Our justice system must advance with it. Unfortunately, so does the wrongdoing of government as governments itself constantly bends and warps itself to it's own befits. As such, we must evolve and adapted our rights to match it. As I pointed out earlier, " Miranda v. Arizona the ruling protects us from self-incrimination and lets us know of our basic rights”, the Miranda Law's itself resurface our justice system, it protects people whom may be uneducated...
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...System Juvenile justice is the section of law that applies to persons under the age of 18 not capable of receiving sentencing in the adult court system or old enough to be responsible for criminal acts committed in society. In most states the age of criminal culpability is 18 however, the age requirement can be set lower in accordance to certain crimes and statutes set by the state the juvenile lives in. Juvenile law is primarily run by state law and most states enforce a specific juvenile code the system follows. The juvenile justice system primarily focuses on rehabilitation rather than punishment for youthful offenders. Society appears to concentrate that children are more capable of change than adult offenders more capable of knowing right from wrong ("Cornell University Law School," nod.). The statutes creating the juvenile court systems and methods of allocating with juvenile delinquency are run by courts as a suitable extension of state police power to warrant the safety and welfare of children in the system. The doctrine of parent’s patria allows the state to promulgate for the safeguard, care, custody, and upkeep of children within its jurisdiction. In 1968 the Juvenile Delinquency Prevention and Control Act was put into effect, and in 1972 it was put into revision as the Juvenile Delinquency Prevention Act. This act set forth to assist states in dealing with juvenile delinquent acts and assist communities to prevent delinquency by providing services to the community...
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