Detective Hopewell begins 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
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The People of the State of New York v. Anthony Estavez (New York Supreme Court- Queens County, 2015) Facts: On December 27, 2013, uniformed police officer Arthur McCarthy observed Anthony Estevez attempting to sell tickets to a New York City Knicks basketball game to a couple at the entrance of Madison Square Garden in New York County. When Officer McCarthy attempted to place Mr. Estevez under arrest for his crimes, a struggle ensued causing physical injuries to both the Defendant and the officer
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Jaime Ruiz 143 Evidence Crawford v. Washington 541 U.S. 36 (2004) Facts: On August 5, 1999, Kenneth Lee was stabbed at his apartment. Police later that day arrested the petitioner. After reading the petitioner and his wife their Miranda rights, detectives began to interrogated each one of them. Petitioner end up telling officers that Sylvia and him had gone on a search to find Lee because they were mad over an incident in which Lee had tried to rape Sylvia. The two eventually found Lee at his apartment
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FACTS: Richard Barry Rocker and Joseph Cava [defendants-appellants], having waived a jury trial, were tried in the circuit court of the second circuit for creating a common nuisance at Puu Olai beach, County of Maui,contrary to Section 727-1 of the Hawaii Revised Statutes. On February 26, 1969, officers of the Maui Police Department received a phone call from an anonymous person and, thereafter proceeded to the Puu Olai beach to look for nude sunbathers. The police surveyed the beach from a ridge
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minor’s, who is in custody, Miranda Rights during his or her police interview. The issue came about when Michael Alvarado, seventeen year old from California, was interrogated by law enforcement officers about his involvement in a murder without his parents present. “During the interview, Alvarado confessed involvement. Based, in part, on these statements, Alvarado was convicted of second-degree murder and attempted robbery” (Oyez.org). Alvarado was never given his Miranda Rights, which created the
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can guide you in the right direction. I understand they did not read you your Miranda rights; however police required reading you your rights if you get arrested, if this does not happen it does not mean your case will automatically be thrown out. If the police have great deal of evidence that you did commit a crime, the officer did not need to rely on your answers to any question to convict you of your crime. ("Miranda Warning", 2007-2010) I understand that the police have not questioned you yet;
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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
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DUE PROCESS 2 Our founding fathers helped shape our country. The Constitution of the United States set down our rights as an individual of our country. Included in our Constitution is the right to a speedy trial and the right to due process. Everyone has a different opinion of what due process is. Our founding fathers gave us the right from the federal government to
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Due Process Paper Due Process Paper Due process A New York State Supreme Court Justice traces the constitutional concept of due process to the English concept of "the law of the land" (W. McKechnie, 1914). Due process, is a judicial requirement stating that enacted laws may not contain provisions that result in the unfair, arbitrary, or unreasonable treatment of an individual (Merriam-Webster). Due process of law is based on the idea that legal proceedings cannot interfere with life, liberty
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Birthday Headlines Pauline F. Bacay De La Salle – College of St. Benilde Introduction As final requirement for Technical Writing class, the students were to research on events that were headlines on the day they were born, 20 years, 50 years and 100 years ago. They were to present this in front of a panel in specific schedules their professor has given. This also served as their final exam for the second term of school year 2012 – 2011. They were to follow the APA style in doing the paper including
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