Abstract An examination of the Bill of Rights and how it extends the protection of the civil liberties to the population, with emphasis on the First, Fourth, and Sixth Amendments, and a description of a public policy implemented to protect the constitutional rights of suspects, when interrogated by the police. The Bill of Rights and Civil Liberties The Bill of Rights is the first initial inclusion of laws to the Constitution, collected as the first ten amendments out of a total of 27 other
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only offered his shotgun for ballistic testing, he accompanied the police to the station for interrogation. A consensus by both parties qualified the interrogation session, which lasted for one hour as noncustodial, and did not involve assertion of Miranda warnings. The defendant answered most of the questions in the interview, but remained silent and tensed on the question on whether there would be possible matching of his shotgun and the shells at the scene of murder. During the trial,
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II. APPELLANT 'S SIXTH AMENDMENT RIGHT TO COUNSEL WAS PROTECTED WHEN APPELLANT 'S COUNSEL WAS PRESENT DURING THE LINE-UP PROCESS AND POLICE INTERVIEW IS NOT A CRITICAL STAGE OF THE CRIMINAL PROCEEDING WITHIN THE ASSISTANCE OF COUNSEL GUARANTEE OF THE SIXTH AMENDMENT BECAUSE THERE IS NO FACE TO FACE CONFRONTATION The Sixth Amendment states that the accused shall enjoy the right to the assistance of counsel for his defense in all criminal procedures. However, police interview is not a critical stage
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Shirene Tabarestani 1895-0581 The Central Park Five Documentary In one of the most well known cities of the United States, New York City was the central focus in the 1980’s. Five minority youths aged 14 to 16 were arrested and convicted of rape, sexual assault, and almost murdering 28-year old white female investment banker, Trisha Meili, as she was jogging through Central Park on the night of April 19th, 1989. These innocent Latino and African American five young men— Antron McCray, Kevin Richardson
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Shannrica T. Fuller CJA 301 MOD 3 Case 9 January 2014 The History of Miranda Rights Miranda Rights is a ruling, based upon a U.S. Supreme Court decision in a 1966 case, that law-enforcement officers must warn a person taken into custody that he or she has the right to remain silent and is entitled to legal counsel. (legal-dictionary.com) Miranda rules prevent a person from self-incrimination. The fifth- amendment is an amendment to the US Constitution states that no person
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Terea Snider The Legal Process CJAD 310- FlWW – 13 March 16, 2013 The Legal Process Suspect to Defendant: Facing Charges The suspect is formally charged with a crime. The police officer then sends a report to the Prosecutor’s office, fully staffed with lawyers and their job is to initiate and to prosecute criminal cases. The Prosecutor must then decide to make an independent decision to determine what charges need to be filed and with the help of citizens who will then be known as the
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The Miranda Rights are the most common legal issues that must be observed when conducting an interview or an interrogation. Suspects are presumed innocent until proven guilty, and they have rights that must be respected. Arresting officers must always inform suspects of their alienable rights. Failure to inform the suspect of his or her rights can lead to legal technicalities that can render any information taken during the suspect’s interview or interrogation null and void. The Miranda Rights provides
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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
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April 28th, 2014 The Miranda Warning for the past decade, many organizations have sort to change many of the laws, governing our rights and freedom. These laws were passed by congress and upheld by the Supreme Court. The Miranda Warning is one of these laws. The Miranda Warning is intended to protect the guilty as well as the innocent and should be protected at all costs. Without the law, many suspects may be treated unfairly. It is a necessary safeguard. Miranda is a ruling which says that
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be undone. The impact of segregation is greater when it has the sanction of law. Conclusion (Vote): 9 Votes for Brown, 0 Votes against, Legal provision; Equal Protection Impact: Schools can no longer be segregated. Miranda v. Arizona, 384 U.S. 436 (1966) Facts: Miranda was unaware of his rights under the Fifth Amendment of the United States Constitution and offered incriminating evidence during police interrogations. Issues: The question is whether or not the police is required to notify
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