...1.2 Miranda Warning and Waiver of Rights 1.2.1 Miranda Warning A. Definition 1. Miranda warning/rights- The Miranda warning or the Miranda rights as it is also known as is a right to a suspect that they can or may remain silent and is given by a police officer in the United States to a criminal suspect when they are in custody (or in a custodial interrogation). Furthermore, these rights or warning is done prior to them being interrogated in order to preserve the admissibility of their statement against them in criminal court or a court of law (mirandawarning.org. n.d.). 2. Waiver of Rights- A waiver of rights is when a suspect waives his or her Miranda warning or rights. Fortunately, in order for a suspect to be able to waive...
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...Yvette Ortega CJA/484 Claudio Morales 10/01/13 Criminal Law Foundations Evaluation the Juvenile Justice 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...
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...Constitutional Issues in Criminal Procedure CJC 3110- Spring 2011 April 24, 2011 The Goal most directly associated with my topic is course Goal 1: “Articulate the procedural considerations in the handling of criminal cases.”, and my personal interest in the Fifth Amendment: Due Process and Obtaining Information Legally. My curiosity has always been in the scope of the law surrounding the criminal justice, but more specifically I like to know in more detail about how to obtain the information and the confessions in such a manner that it will not be tossed out of the court. A piece of evidence can make or break the case. If that evidence is not collected properly than the prosecution is looking at a huge loss. Knowing this information is not only helpful in the criminal justice career, but also in our everyday personal lives. If a person caught in a situation where they are being interrogated by the police, it’s good to know what to expect and the full rights. One more key interest in the Fifth Amendment is the Miranda rights and the details surrounding when the rights are given, told, to the person. The objective is to show how cases are handled, and how Fifth Amendment plays one of major roles in the handling of criminal cases. The details of the case are important, and knowing when to make a move and ask certain questions, or making someone confess. Due Process is such an important concept of American law that no precise definition accurately suits it, although the concept...
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...I. Introduction: Miranda rights do not help the American people besides letting criminals walk free. A. Key points 1. As Americans we should know our rights 2. Miranda rights do not protect us 3. Criminals are able to get away with crimes they have committed II. Body of paper A. Point 1- Laws were made to protect the American people. 1. How can you live in a country and not know any of rights and what isn’t allowed? a. The case against Salinas was founded guilty because he was silent during his interrogation (2013). That silence was permissible for Salinas to be found guilty, in that situation if Salinas knew his rights and told the officers he had rights and did not have to answer that question; they would have not been...
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...Warren held the position of Chief Justice between 1953 and 1969. He led a liberal majority, who utilized the judicial authority to consternate their conservative opponents. The Warren Court promoted the federal power, judicial power, civil liberties, and civil rights in a dramatic fashion. The Rehnquist Court, on the other hand, took a conservative approach in criminal justice (Pollak, 1979). The most significant case that the Warren Court decided with regard to civil liberties was Brown v Board of Education of Copeka, Kansas (1954). The court unanimously ruled that there is no place for the doctrine of separate but equal doctrine in the sphere of public education. The Warren Court demonstrated its value for liberalism and activism. The view of the Warren Court was that states are a hindrance in the enhancement of a just nation. In the sphere of criminal procedure and law enforcement, Chief Justice Earl Warren’s Court was associated with four chief cases: Terry v Ohio (1968), Miranda v Arizona (1966), Gideon v Wainwright (1963), and Mapp v Ohio (1961). These four cases establish the foundation for the application of the principle referred to as the ‘exclusionary rule’ and the major basis for Warren Court critics. The Warren Court established the doctrine of...
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...ch y Psychology can assist law enforcement by profiling criminal suspects assessing in truthfulness of suspects and evaluating the validity of their confessions. Psychological theory and techniques can be used to improve police officers evaluations of criminal suspects. * Profiling is usually performed at the beginning of criminal investigation when the police need help focusing on certain types of people who might be the suspect * Once a suspect has been identified law enforcement officials use other procedures to determine whether any of them should be charged. * Police look for visual and verbal cues to determine whether they are giving truthful responses Suspects are sometimes given a lie detector test to encourage them to confess. * The tests provide more information about their guilt or innocence. * They conflict with some psychological findings about their accuracy. * Sometimes they are submitted into evidence. * Many psychologists question the validity of the test. The police interrogate suspects and encourage them to confess because the confessions make it more likely that suspects will successfully prosecute and eventually convicted the suspects. Psychological finding often conflict with the courts evaluations of a voluntary confession. There is some evidence psychological characteristics are linked to behavioral patterns and they can be detected by a psychological analysis of crime scenes. * Criminal profiling is used to...
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...Jeff Crowe Policing and Society Dr. Greenleaf March 6, 2015 Question 1 The broken windows theory in policing has changed the way many law enforcement agencies, along with the officers within them, have to look at crime. Police have always responded to crime, that is the belief and that has always been their job. What happens, though, when provided with an idea that expresses that crime can be more preventative just by looking at and involving the community to participate? Policing traditionally has always been a response unit, providing its’ service after the fact (after a crime has happened). The broken windows theory counters that traditional style by looking outside of the traditional criminal justice system to see how crime is generated and solutions to fix and prevent it (Trojanowics, 1994). The broken windows theory has views closely related to community policing: The quality of life, as the ultimate goal of policing (Carter & Sapp 1994; Joseph 1994; Kelling and Coles 1996; Skogan 1990; Trojanowics 1994). This type of policing has broadened the goal to assist communities to maintain a safe environment where basic institutions (families, schools, churches, commerce) can effectively operate and thrive within the community (Kelling and Coles 1996). Apprehending criminals is no longer the only focus among law enforcement. Police and their agencies must now adapt to look at what needs to be done to maintain the quality of life in communities as well as alleviate...
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...Case Study 1 - MURDER At 8:26 PM the Paradise 911 Emergency Call Center received a call from John Wolf of 115 Front Street. Mr. Wolf asked for police to be sent to 114 Front Street to investigate a body in the driveway. Responding officers discovered Lucy Lane, deceased, laying in the driveway of 114 Front Street. It was apparent Ms. Lane had suffered multiple stab wounds to both the front and rear torso. On the deck in the rear of the house officers also discovered Rodney Hill, deceased. Mr. Hill also showed signs of multiple stab wounds to his chest and abdomen. Mr. Wolf informed police that he heard a commotion coming from the front yard of the house across the street. The shouting and yelling lasted several minutes and ended in a terrible scream. Mr. Wolf went to the window and saw the former resident James Lane driving away in his white Ford Bronco. When he saw what looked like someone lying still in the driveway across the street, he called 911. The police investigation revealed that Ms. Lane owned and lived at 114 Front Street. Mr. Hill and Ms. Lane had been in an intimate relationship for several months. Ms. Lane was recently divorced from James T. Lane, a bartender at a local “gentlemen’s” club that features exotic dancers. On the day of her death Ms. Lane had taken a restraining order out on James Lane, alleging prior physical and emotional abuse as well as threats against both her and Mr. Rodney Hill. When interviewed by police, James Lane denied killing his former...
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...Historical Policy Comparison Jermaine Hunt, Jason McFadden, Kendra Williams, Michael Dasher CJA/464 December 10, 2013 Ken Jones Historical Policy Comparison Criminal justice policy over the past 50 has evolved. The key issues of criminal justice policies were gangs, drugs, juvenile, root causes of crime, and gun control. Currently, the key issues are terrorism, illegal immigration, and global organized crime. Traditionally, criminal justice policies were issued by state and local governments. However, the federal government plays an important role in implementation of criminal justice policy. The federal government provides grants to local and state governments to support these criminal justice policies. Criminal justice agencies at the local and state level have to enforce these policies made by federal and state officials. Nevertheless, the local and state governments still bear much of the responsibility. States operate law enforcement agencies, correctional systems, criminal courts system, whereas cities operate the local police departments. Within the past 50 years, criminal justice policies have affected the criminal justice system. The “war on drug” policy has poured billions of dollars into the criminal justice system, although drug-related violence and drugs remain a problem. The criminal justice policies have gone from drugs polices to sentencing policies and currently to globalization policies. Currently, the criminal justice policies go beyond the United States...
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...U.S. v. King Case Study Elise Flanagan BCC 402 Bobby Kemp 14 March 2016 Introduction The purpose of this work is to discuss the relevancy of the court case the United States of America v. Richard D. King, Jr. and the influence it had on future cybercrime cases. A description will be given as to how the Fourth and Fifth Amendments are applied to cybercrimes, as well as an explanation how the Fourth and Fifth Amendments were addressed in this case. Further explanation on how the King ruling may apply to other cases involving computers or other devices that contain electronic evidence is provided. The 4th and 5th Amendments Applied To Cybercrimes The 4th Amendment can be applied to cybercrimes, but not the 5th Amendment. However, the 4th Amendment’s protection in regards to computers, the Internet and cybercrimes can only be applied to data content, not all content. An example of data content is found within remote storage files on computers and private email interactions. When the data is non-content data, i.e. email addresses, there is no assumption of guaranteed coverage and protection ruled under the 4th Amendment. Unlike the 4th Amendment, the 5th Amendment cannot always provide legal protection to an individual. The federal court made such a ruling in 2012, asserting that personal computers lacked the coverage many assumed was in place after the 4th was seen as a viable use for protection of individual rights. Application to This Case The 4th and 5th Amendments were...
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...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 a bibliography of the same format. The research is very useful in their course, which is Bachelor of Arts Major in Consular and Diplomatic Affairs, because it concerns historical headlines around the world and their course mostly consists of majors in history. They may also improve their research making skills and strategies in the study because it requires them to consult more sources for a precise and reliable study. Based on this study, many historical events did happen on the same month of the researcher’s birthday. Some created great effect on today and others are just headlines that shook the world. It’s a way of discovering new things about history and also getting to remember it because it took a mindful of research to get all the information. It also serves as an achievement for a student to create a research paper and applying all that they have learned in their subject. BODY January 31, 1996 50 Dead in Sri Lanka suicide bombing BBC News UK (1996) reported more than 50 citizens of Sri Lanka died during a suicide bombing at the country’s central bank while 1,400 were injured. There was a truckload of explosives...
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...What is Forensic Linguistics? According to expert Dr. Carole E. Chaski forensic linguistics applies the theories, constructs and analytical methods of linguistics to questions which arise in civil, criminal and security investigations and adjudication. Dr. Chaski notes that an informed understanding of forensic-linguistics requires familiarity with the broader application of linguistics as a social science. This is because virtually every linguistic nuance has been examined within a legal context. These include: Phonetics & phonology - the system of sounds in human language Morphology - the minimal units of sounds which convey meanings Syntax - the ways in which words can combine into phrases Semantics & Syntax - word, phrasal and sentential meanings Pragmatics - language use in conversation and other forms of discourse Language change - the ways in which language evolves over time Psycholinguistics - how the human cognitive system processes language Neurolinguistics - human neuroanatomy and neuronal functioning Sociolinguistics - identification of linguistic patterns constrained by social, class, racial and gender boundaries Dialectology - identification of dialects related to regional boundaries computational linguistics - tools through which computers can be used to perform linguistic tasks While there are many primary and secondary linguistic subfields, Dr Chaski makes the very important point that one should not be...
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...These children are more acceptable to be taken advantage of during an investigation of a criminal case. Juveniles are often intimidated by adults and authority figures, and are more likely to be the victims that are pressure into confessions, which are often not truth. Furthermore, juveniles are not likely to refer to their Miranda Rights, including their rights for legal representation. It is important to know that the goal of the death penalty does not pertain to the juveniles. Retribution is aim to give the cruel punishment to serious offenders. It is more likely that the juveniles will be more effective in the rehabilitation process because of a young person emotional immaturity and lessened accountability; they are not the “worst of the...
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...In this paper, I will be going over the following case study. I will be doing this from my personal perspective and experiences as a law enforcement officer, and based off of my common knowledge. “John Doe is an individual who left his country in an effort to make a better life. However, he does not have legal status in America and was recently arrested for shoplifting merchandise, which was valued over $1,000. At the time of his arrest, John voluntarily began to make incriminating statements to the arresting officers. At the police station, detectives conducted an interview of John asking him about the theft. John Doe has had no prior arrests, is 35 years old, and most of John Doe’s family still resides in his home country. Due to...
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...EVIDENCE OUTLINE Prof. Mark Bonner Fall 2012 |1 • INTRODUCTION | I. Trial Context A. types of evidence at trial 1. witnesses 2. real evidence – something tangible related to the case 3. demonstrative evidence – not part of the story, but lawyer wishes to show the jury something to demonstrate something about the case (e.g., experiment; picture of intersection) B. competing stories at trial – two ways stories can compete 1. factual differences 2. differences in inferences drawn from the same facts II. Policy Overview [values that the evidence rules protect] A. accuracy 1. rationality – does evidence have a rational relationship to the case? 2. reliability – is the evidence credible? B. efficiency – see FRE 403 C. fairness – rules should be party-neutral 1. but note: some rules exclude evidence to one party’s advantage (e.g., evidence that Δ fixed the steps after the accident excluded, b/c we want to encourage Δs to make steps safer) (e.g., Confrontation Clause, guarantees rt of accused in a criminal trial to confront witnesses brought against him) D. danger of misuse of information 1. one solution: limiting instructions 2. but sometimes we’re so skeptical of jury’s willingness/ability...
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