Miranda Rights Essays (Examples)

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Miranda Warning

Words: 700 Length: 2 Pages Document Type: Essay Paper #: 56988290

Miranda ights

Scenario #1

In 1966 the Miranda v. Arizona case ushered in the era of police informing suspects of their constitutional rights under the Fifth Amendment to the Constitution. This case is universally accepted as critical to protecting the rights of suspects while in the custody of the police, however, the impact on the effectiveness of the police is not usually discussed. In a 1998 study John Donohoe discussed the empirical evidence which supported the argument that the imposition of Miranda rights significantly hampered the effectiveness of the police to clear cases. But while he admitted that there were statistical drops in the clearing of cases by police, he could not make a direct connection between that and Miranda. (Donohoe, 1998) In effect, the imposing of the Miranda rights warning does not impede the police and their attempts to catch criminals.

What the Miranda rights warning does is lessen…… [Read More]

References

Dickerson v. United States, 530 U.S. 428 (2000). Retrieved from http://scholar.google.com/scholar_case?case=12360733536043994298&hl=en&as

_sdt=2&as_vis=1&oi=scholarr

Donohoe, John. (1998). "Does Miranda Diminish Police Effectiveness." Yale Law

School Legal Scholarship Depository. Retrieved from http://digitalcommons.law.yale.edu/cgi/viewcontent.cgi?article=1066&context=
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Miranda Rule

Words: 1431 Length: 4 Pages Document Type: Essay Paper #: 50884028

Miranda ule's effectiveness in America today [...] why the Miranda is well tailored to guard against constitutional violations, and will present an argument for the Miranda rule. The Miranda ule, first adopted in 1966, is still a contentious ruling in today's criminal justice system. While some critics of the rule feel it is not a deterrent to coercion of information from a suspect, most experts believe the Miranda ule was created with a solid foundation to help ensure a suspect's rights are not violated and the information from any suspect is admissible in court. The Miranda ule guards the criminal justice system just as well as it guards against rights violations and because of this, it is vital to the quick and efficient trying of cases. The Miranda ule is controversial, but it is a necessity in modern policing, and it helps both the suspect and the police.

The Miranda…… [Read More]

References

Author not Available. "The Miranda Rule." FindLaw.com. 2002. 6 Dec. 2003. http://cobrands.public.findlaw.com/newcontent/flg/ch14/st3/mc1.html

Bradley, Craig M. The Failure of the Criminal Procedure Revolution. Philadelphia: University of Pennsylvania Press, 1993.

Carrillo, Silvio. "Do Miranda Rights Create a Loophole for Criminals?" SpeakOut.com. 3 Feb. 2000. 6 Dec. 2003. http://speakout.com/activism/issue_briefs/1148b-1.html

Godsey, Mark A. "Miranda's final frontier, the international arena: a critical analysis of United States v. Bin Laden, and a proposal for a new Miranda exception abroad." Duke Law Journal 51.6 (2002): 1703+.
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Miranda Warnings Are Given by

Words: 590 Length: 2 Pages Document Type: Essay Paper #: 58394462

The Supreme Court however, should not reverse their ruling on Miranda rights, because they are Constitutional rights that every citizen has. The majority of the time, criminals who are less educated will not know of their rights and therefore the institution of Miranda rights is crucial for every suspect to have a fair and equitable treatment from police officers.

In order to circumvent Miranda right restrictions an investigator should focus upon questions that allow suspects to explain their situation and reveal information that they would otherwise not have revealed. An investigator should focus on information such as their name, date of birth, address and other biographical information, collection of such information is legal under Miranda rights at the same time they convey to the suspect that they are still going to be questioned, and that Miranda rights do not give them unequivocal blank check to not talk to the police.…… [Read More]

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Right to Counsel in the United States

Words: 953 Length: 3 Pages Document Type: Essay Paper #: 44733493

Right to Counsel

In the United States, the right to counsel is guaranteed by the 6th Amendment to the Constitution. Right to counsel is the civil right of an accused person to seek the aid of an individual who is an expert in the law of the land. Often when a person finds him or herself in a position where they are a defendant in either a civil or criminal court, they need to utilize the skills of someone who understands the law. ithout this right, the accused would be at a decided disadvantage against prosecution who are trained and employed in the field of the law. The present law of the United States is that a person may employ an attorney to represent him or her in a court. If a person is unable to afford an attorney, then counsel will be appointed to that person and paid for…… [Read More]

Works Cited:

Crawford, Kimberly. "The Sixth Amendment Right to Counsel." FBI Law Enforcement Bulletin.

2001.

"Powell v. Alabama." (1932).

"Revolutionary War and Beyond." (2011). Retrieved from http://www.revolutionary-war-and-
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Supreme Courts 1966 Miranda Ruling Legalities and Issues

Words: 1211 Length: 4 Pages Document Type: Essay Paper #: 95108937

Miranda uling: Its Past, Present and Future

In almost all cases, the Miranda ruling of 1966 applies to police interviews with criminal suspects, although other Supreme Court decisions extend some of the rights to legal counsel and prevention of self-incrimination to public and private employers. According to the Supreme Court, the Miranda Warnings must be given prior to questioning to all persons who have been arrested and are in police custody, although one loophole "permits the police to question suspects without giving them their Miranda rights in those settings where it is unclear whether custody is present" (Wrightsman and Pitman 2010). In addition, suspects might not understand all these rights, especially because local and state police forces around the United States use hundreds of different versions of these rather than one standard set of warnings. At times, police training manuals also advise officers how to avoid giving the warnings or…… [Read More]

REFERENCES

Hoffmann, C.D. (2005). "Investigative Interviewing: Strategies and Techniques." International Foundation for Protection Officers, August 2005.

Niehaus, L. "The Fifth Amendment Disclosure Obligations of Government Employers when Interviewing Public Employees." Northern Kentucky University, Salmon P. Chase College of Law, March 22, 2008.

Wrightsman, L.S. And M.L. Pitman (2010) The Miranda Ruling: Its Past, Present, and Future. Oxford University Press.
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Fifth Amendment Miranda Issues the

Words: 1097 Length: 4 Pages Document Type: Essay Paper #: 18072062

The fact that Fred was eventually allowed to leave is less important in that determination than Fred's state of mind and reasonable belief about whether or not he was still free to leave once the police informed him that he was actually a suspect in Wilma's murder (Dershowitz, 2002; Zalman, 2008).

Search and Seizure and Unlawful Arrest Issues:

The fact pattern does not make clear whether or not the police actually conducted a search of Fred's home or were merely "bluffing" to induce cooperation from Fred. Assuming that no such unwarranted search was actually being conducted, there was no impermissible search and seizure of Fred's home. Provided Fred still (reasonably) believed that he was free to terminate the interview and leave when he volunteered the confession, that evidence should not be excluded under Miranda (and related) doctrine and principles.

However, the police did seize Fred's vehicle, which was an impermissible…… [Read More]

References

Dershowitz, A. (2002). Shouting Fire: Civil Liberties in a Turbulent Age. New York:

Bantam Books.

Friedman, A. (2005). A History of American Law. New York: Touchstone.

Schmalleger, F. (2008). Criminal Justice Today: An Introductory Text for the 21st
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Criminal Justice - Miranda Modern

Words: 1637 Length: 6 Pages Document Type: Essay Paper #: 39655642



Dershowitz and others have pointed out, rightfully, that Miranda principles were designed to prevent the use at trial of evidence obtained improperly and that the prevention of mass casualties may constitute a sufficiently important goal to suspend certain constitutional issues. In that regard, even the terrorist is entitled to the same protections against self-incrimination and prosecution using illegally-obtained evidence of guilt. However, the legitimate need to protect the public from wide-scale death and destruction may be another matter entirely.

Dershowitz (2002) outlined the principles for designing a "torture warrant" in connection with which authorities may interrogate suspects known to possess information necessary to prevent mass casualties and loss of innocent life in imminent terrorist attacks through means ordinarily strictly prohibited by the Constitution and the laws applicable to all fifty American states. The fundamental distinction is that those efforts would relate to securing information for the purposes of preventing mass…… [Read More]

References

Dershowitz, a. (2002) Why Terrorism Works.

New Haven: Yale University Press.

Dershowitz, a. (2002) Shouting Fire: Civil Liberties in a Turbulent Age.

New York: Little Brown & Co.
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When a Suspect Is in Custody Miranda Warning Must Be Issues

Words: 716 Length: 2 Pages Document Type: Essay Paper #: 5655027

Criminology

In the first place it is odd that the dispatcher did not have a better description of the vehicle that was reported stolen. And why would a young Hispanic male driving a late model "foreign car" -- in this case, a BM -- be a suspect, since the officer doesn't know a license number or make or model of the car? And how is it that when the officer has called in to check the license plate, by now the car has been identified as having been stolen? Needless to say this could have been construed as a racial profiling, and in some cases a defense attorney might try that angle, but that is not the most important element of this scenario. hat is considered important is what the defense lawyer will present in court, and how the prosecuting attorney will argue his case.

Facts of the Case

The…… [Read More]

Works Cited

Findlaw.com. "Miranda Warnings and Police Questioning." Retrieved March 12, 2014, from  http://criminal.findlaw.com . 2012.

Ohio Bar Association. "Police Must Give Miranda Warnings." Retrieved March 12, 2014, from http://www.ohiobar.org.
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Criminal Defense Constitutional Rights Arrest Constitutional Rights

Words: 1994 Length: 7 Pages Document Type: Essay Paper #: 89500055

Criminal Defense, Constitutional Rights Arrest

Constitutional Rights Before and After Arrest

Constitutional Rights are essential when considering a person's relationship with the authorities before and after his or her arrest. These rights practically guarantee that the individual is presented with a fair treatment. There has been much controversy regarding Constitutional Rights in the recent years, as people became confused concerning the rights of suspected criminals and the government's interest to protect the nation. Constitutional Amendments are basically meant to protect people before they are arrested.

Courts from around the country often deal with cases related to the level of authority that the police had to detain particular citizens. Police officers sometimes take advantage of the fact that they can stretch legal concepts with the purpose of producing justification for certain actions they commit before or after arrest.

Present-day conditions regarding Constitutional Rights are alarming, given that the authorities sometimes fail…… [Read More]

Works cited:

Bouza, Anthony V. The Police Mystique: An Insider's Look at Cops, Crime, and the Criminal Justice System (Cambridge, MA: Perseus Publishing, 1990)

Ciarelli, Sara "Pre-Arrest Silence: Minding That Gap between Fourth Amendment Stops and Fifth Amendment Custody," Journal of Criminal Law and Criminology 93.2-3 (2003)

Fridell, Ron Miranda Law: The Right to Remain Silent (New York: Marshall Cavendish Benchmark, 2006)

Gibson, John S. International Organizations, Constitutional Law, and Human Rights (New York: Praeger Publishers, 1991)
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Origin of Rights in Today's

Words: 1404 Length: 4 Pages Document Type: Essay Paper #: 58213525



In the 19th century, the idea and definition of rights was extended by calls for social and economic rights that came on the tail of rapid industrialization. This new era of rights was based upon the utilitarian idea of obtaining the greatest good for the greatest number of people. This included a discussion of property ownership, both private and common, and the ideas of public of rights and private responsibility (Nuncio).

By the 21st-century, the idea of rights has been transformed into a global political order based on constitutionalism and positive legalism. In a climate that supported the international will to maintain peace, the world's nations largely adopted a single agreement to ensure such rights. This agreement, the United Nation's Universal Declaration of Human Rights, was adopted in December of 1948 (Nuncio). This Declaration included provisions for both rights of nations, and the rights of individuals (Human Rights eb; a…… [Read More]

Works Cited

Fagan, Andrew. Human Rights. in: The Internet Encyclopedia of Philosophy, James Fieser, Ph.D., and Bradley Dowden, Ph.D., eds, 2004. 13 October 2004. http://www.iep.utm.edu/h/hum-rts.htm

Human Rights Web. A Summary of United Nations Agreements on Human Rights, 1997. Last edited on January 25, 1997. 13 October 2004.  http://www.hrweb.org/legal/undocs.html 

Human Rights Web. Short History of the Human Rights Movement, 1997. Last edited on January 25, 1997. 13 October 2004.  http://www.hrweb.org/history.html 

Nuncio, Rhod V., Prof. An ESSAY on the POWER DISCOURSE of RIGHTS: The History, Politics and End of Human Rights. Diwatao, Vol. 1 No. 1, 2001. 13 October 2004. http://www.geocities.com/philodept/diwatao/rights_discourse.htm
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Criminal Justice & Criminology Has the Miranda

Words: 3614 Length: 14 Pages Document Type: Essay Paper #: 85919540

Criminal Justice & Criminology

Has the Miranda vs. Arizona ruling decreased the percentage of arresting official violations of defendant Fifth Amendment rights?

(ian)

CJ327W esearch Methods in Criminal Justice

The Miranda vs. Arizona ruling has attracted notable attention to the treatment of the accused in the hands of the law. Specifically, the ruling affirmed the rights to the accused under the law and to the legal rights of the accused. The research was to reveal the degree of law enforcement lack of enforcing the Miranda rights to the accused. A questionnaire presented to four group types that have a stakeholder interest in the law enforcement and legal rights aspect of the case was distributed to determine the activity relevant to Miranda enforcement process. The findings are expected to reveal abuse within the system and a notable increase in the Miranda violations for the accused.

Purpose & Audience

The Miranda vs.…… [Read More]

References

Allen, H. (1967). Miranda v. arizona: Is it being applied? Criminal Law Bulletin, 3(3), 135-1441. Retrieved fromhttp://search.proquest.com/docview/55778946?accountid=13044

A, M.N. (1971). The court and local law enforcement: The impact of miranda Sage, Beverly Hills, Calif. Retrieved fromhttp://search.proquest.com/docview/55776023?accountid=13044

Brazier, Alex. "The people on the bus get searched and seized: why police conduct in suspicionless bus sweeps should be circumscribed." George Washington Law Review 78.4 (2010): 908-941. Criminal Justice Collection. Web. 22 Feb. 2011.

H, A.S. (1971). Police authority and the rights of the individual Arc Books. Retrieved fromhttp://search.proquest.com/docview/55779413?accountid=13044
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Suspects Have a Right to Be Silent

Words: 833 Length: 2 Pages Document Type: Essay Paper #: 20901190

Miranda v. Arizona

In the original case involving Miranda v. Arizona, 22-year-old Ernesto Miranda

stood accused of the rape of an 18-year-old female (and kidnapping and robbery).

The arrest happened on March 18, 1963. Miranda was arrested in his home and taken to a Phoenix police station, where he was interrogated and given a confession to sign -- which he did sign. On that confession, the police had typed in that Miranda fully understood his legal rights even though he was not notified that he had the right to remain silent (by not incriminating himself) and he had the right to legal counsel. Miranda was sentenced to 20 to 30 years in prison. This was an example of a heavy-handed strategy used by Phoenix police against a Latino man who was not fully mentally sound, according to the literature on the case.

Miranda v. Arizona -- the broader implications and…… [Read More]

Works Cited

Columbia Electronic Encyclopedia. (2013). Miranda v. Arizona. Retrieved September 28,

2014, from http://www.cc.columbia.edu.

Shay, A. (2012). Tag Archive for 'Vignera v. New York.' Retrieved September 28, 2014,

From http://lcrm.lib.unc.edu.
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American Law

Words: 727 Length: 2 Pages Document Type: Essay Paper #: 71778367

Miranda ights

The American justice system is one of the most developed in the world. Indeed, any person in the United States can be assured that, whenever something legally dubious happens, he or she will have a day in court during which the case will be heard and tried according to a clear and consistent set of laws. The justice system is one of the components of the American legal system that ensures that all individuals in the country are treated according to a fair and consistent system of law. One of the ways in which this consistency is ensured is by means of the Miranda rights. The Miranda rights have become so prominent in American law that almost all other countries are aware of them. Therefore, it is a common component of arrest to "read the rights" of a person who is being taken into custody. The Miranda rights…… [Read More]

References

Benoit, C.A. (2011, Feb.). The "Public Safety" Exception to Miranda. FBI Law Enforcement Bulletin. Retrieved from: http://www.fbi.gov/stats-services/publications/law-enforcement-bulletin/february2011/legal_digest

Komisaruk, K. (2007). Who Must Read the Miranda Rights to a Suspect. Just Cause Law Collective. Retrieved from: http://www.lawcollective.org/article.php?id=120
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Legal Definitions Miranda Rule -- Prohibits the

Words: 2396 Length: 9 Pages Document Type: Essay Paper #: 86148299

Legal Definitions

Miranda Rule -- Prohibits the introduction of any testimonial evidence elicited from criminal suspects while under arrest or in police custody unless police first advise them of their constitutional rights to remain silent, refuse to answer questions, and to be represented by an attorney before beginning any custodial interrogation. I have heard this term used frequently in television crime programs.

Prosecutor -- Is an attorney employed by the state whose responsibility it is to file criminal charges against individuals arrested by police and charge with crimes; typically, prosecutors represent the state at the criminal trial. The context in which I am most familiar with prosecutors is in their portrayal in television programs about criminal justice and news reports about criminal trials.

Pretrial Release Program -- Is a system of releasing criminal defendants from custody until their trials to reduce jail overcrowding; in principle, bond is one form of…… [Read More]

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Defendants' Rights the Importance of

Words: 1648 Length: 5 Pages Document Type: Essay Paper #: 85946383

Some of these methods include plea agreements and the disclosure of incriminating evidence, along with witness testimony. Thus, defendants' rights do not tie the hands of officers and the courts because officers and the courts have an arsenal of ways to manage these rights and still perform their jobs.

While the myriad of rights offered to defendants in the United States may sometimes seem like ways to protect the guilty and harm the innocent, this is far from the case. Not only are these rights necessary for protecting the defendant, along with the rest of the democratic society of the United States, but the rights can also be managed through a plethora of legal tactics on the part of the courts and police officers. Established through the Constitution and landmark court cases, primarily, defendants' rights honor the intent of the constitution. Though it is true that some guilty defendants may…… [Read More]

References

Cima, Greg. (2006, 21 November). Marijuana charges dropped because of illegal search.

The Pantagraph. Retrieved at http://www.pantagraph.com/articles/2006/11/21/news/doc4563de8080933076324107.txt

Edgar, Timothy H. Interested Persons Memo. Retrieved November 23, 2008, at http://www.aclu.org/safefree/general/17203leg20030214.html

Farrell, Nick (2008, 20 November). Copper stole my Xbox. The Inquirer. Retrieved at http://www.theinquirer.net/gb/inquirer/news/2008/11/20/copper-stole-xbox
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Juvenile Rights Comparisons of Protections

Words: 994 Length: 3 Pages Document Type: Essay Paper #: 23604736



In the United States of American court systems, juvenile courts still proposes juvenile delinquents in aspects that are more paternal other than diagnostic. The adult counterparts cannot access such diagnostic processing as juveniles do. Adults are treated separately unlike juveniles within the jury and the constitutional accordance that assures the difference has been assured to the individuals.

The IV Amendment Search and Seizure Clause

The Fourth Amendment is one of the most prolific archives of constitution litigation in the United States of America. The application to the state through the process of Due Process Clause of the Fourteenth Amendment is unique and comprehensive to the American court systems dealing with juveniles. This amendment is depicted by issuance of connotation that protected individuals from unnecessary seizures and searches while in court proceedings. The amendment has much respect to juveniles and juvenile courts since most juveniles do not have to be apprehended…… [Read More]

References

Bueren, G.V. (1998). The international law on the rights of the child. Dordrecht [u.a.: Nijhoff.

Detrick, S. (1999). A commentary on the United Nations Convention on the Rights of the Child. The Hague [u.a.: Nijhoff Pub.

Kumar, a. (2006). Human rights and sustainable development. New Delhi: Sarup & Sons.

Siegel, L.J., & Welsh, B. (2012). Juvenile delinquency: Theory, practice, and law. Australia: Wadsworth, Cengage Learning.
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Juvenile Rights at the Time

Words: 800 Length: 2 Pages Document Type: Essay Paper #: 42268713

Juveniles may commit crimes on the same level as adults do, but they are of a special case because of their age and relative psychological immaturity. The purpose of the juvenile justice system is to rehabilitate the minors and help them integrate better into the society. As research shows, police officers come into contact with different kinds of juveniles offenders. They may be mentally ill or handicapped. Some of them come from disorderly families, or are routinely abused physically and sexually by parents or other family members. Others may be simply neglected or have no family support when they are in need (Bartollas & Miller, 2008, pp. 101-2; Cole & Smith, 2007, p. 554). These unique circumstances make juveniles a special case.

As Lawrence and Hemmens (2008) write, police officers need to take special measures in treating juveniles during and after arrest especially because "young persons' views and attitudes toward…… [Read More]

References

Arundel, a. (2010) Arrest and Custody of Juveniles. Retrieved on February 17, 2011, from http://www.aacounty.org/Police/RulesRegs/Sections17-19/1702JuvArrestCust.pdf

Bartollas, C., & Miller, S.J. (2008) Juvenile Justice in America (5th edition). Upper Saddle River, NJ: Pearson/Prentice Hall.

Cole, G.F., & Smith, C.E. (2007) the American System of Criminal Justice (11th edition). Belmont, CA: Wadsworth.

"Juvenile Arrest and Detention" (n.d.) Criminal Law Free Advice. Retrieved on February 18, 2011, from http://criminal-law.freeadvice.com/juvenile_law/juvenile-detention.htm
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Landmark 4th and 5th Amendment

Words: 1329 Length: 4 Pages Document Type: Essay Paper #: 42869343

On appeal, Terry argued that the conviction should be thrown out because the search that produced the evidence of the weapon in his possession was improper because it was an impermissible search of his person without a warrant or probable cause as required by the 4th Amendment (Schmalleger, 2009).

The Supreme Court decided that the type of search the police officer conducted was not prohibited by the 4th Amendment. Instead, it was a reasonable and appropriate means of ensuring the safety of the officer from concealed weapons in a tactical situation in which that concern was appropriate in light of the totality of the circumstances in which it occurred. While the 4th Amendment does prohibit more invasive searches with the intention of finding evidence of crimes, (such as for concealed contraband or of small containers), it does not prelude an external frisk now known as a Terry frisk or Terry…… [Read More]

References

Delattre, E. (2006). Character and Cops: Ethics in Policing. Washington, DC:

American Enterprise Institute for Public Policy Research.

Hendrie, E. (1997) "The Inevitable Discovery Exception to the Exclusionary Rule." FBI

Law Enforcement Bulletin. Accessed 16 Dec 2011, at:
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Physical Evidence List and Explain Five 5

Words: 1424 Length: 3 Pages Document Type: Essay Paper #: 80582572

Physical Evidence

List and explain five (5) ways that show how authentication or identification of physical evidence can be accomplished (also called "laying the foundation").

Authentication of physical evidence can be accomplished by:

Testimony of a witness who has first-hand knowledge. This is enough for authentication if the person involved has personal diligence that a matter is what is claimed to be.

A non-expert person who must have been well-acquainted with the specimen and did not acquire the knowledge for the purpose of betrayal, such as a spouse or roommate.

Allowing the jury or an expert to put in comparison the evidence purported with the specimens which have been authenticated is enough for authentication.

Distinctive qualities and associated circumstances such as sending a bill to a particular address and getting payment from the bill or other appearance, contents, substance, as well as other internal design qualities when admitted together with…… [Read More]

References

Dressler, J. (2002). Understanding Criminal Procedure. Newark, New Jersey: LexisNexis.

Gaines, L., & Miller, L. (2006). Criminal Justice In Action: The Core. Belmont, California:

Thomson/Wadsworth.

S.Bransdorfer, M. (1987). Miranda Right-to-Counsel Violations and the Fruit of the Poisonous
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Procedural Due Process the Bill

Words: 1297 Length: 4 Pages Document Type: Essay Paper #: 51859706

Finally, a lot of defense lawyers assist in helping men and women go free because of a technicality. On the whole however, it is a better system after the Gideon case because less innocent people are being convicted of crimes they did not commit.

In the Case of Miranda v. rizona 384 U.S. 436 (1966), the Court ruled that a defendant's admission was only admissible provided he had been properly advised of his right to counsel and of his right to remain silent, and if he waived these rights, the waiver had to be voluntary and knowingly. This case involved a burglary suspected who admitted to rape and kidnapping while in police custody. The defendant, Ernesto Miranda was sentenced to concurrent 20-30-year sentences for the two crimes he confessed to.

The U.S. Supreme Court ruled that due to the coercive nature of questioning by the police involved, there is no…… [Read More]

Another benefit involves the rights themselves. The police often persuade the accused that cooperating will benefit them in the long run. It is easy for someone who has been arrested to assume that this implies talking will lead to leniency. The problem is that any leniency by the police is either not ethical or is strictly up to the discretions of the police. So, there is often uneven leverage whenever the police want to interrogate an accused.

Also, if not advised, many people would assume that they are entitled to a lawyer, but later. Without knowing that you are allowed to have a lawyer present during police questioning, few people are going to assert the right they did not they had. The same is true about the right to have an attorney appointed if you cannot afford one. It is plausible that most people assume this only apply in the courtroom and not at the police station. Without an attorney present, most arrestees will not know that they have the right to stop an interrogation at any time or that using the rights cannot be held against them. For all of the above reasons, the rights bestowed upon Americans in Miranda are absolutely vital to protecting our Fifth and Sixth Amendment rights to due process of the law.

The two very important decisions of the United States Supreme Court in the 1960's have both gone a long way in preserving the basic and fundamental liberties that Americans have enjoyed since our inception as a country. While there are times these safeguards backfire and allow guilty people to go free, it is more essential that all Americans have the peace of mind that comes with knowing if they are ever charged with a crime, they will not also be subject to the unfair practices that the Bill of Rights are designed to prevent.
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Montejo v Louisiana 556 U S 778 129

Words: 1180 Length: 3 Pages Document Type: Essay Paper #: 62945812

Montejo v. Louisiana, 556 U.S. 778, 129 S. Ct. 2079, 173 L. Ed. 2D 955

Jesse Montejo and Jerry Moore were interrupted during a burglary by the owner of the residence, Lewis Ferrari (U.S. Supreme Court, 2009). Montejo was picked up for questioning the next day and after waiving his rights under Miranda v. Arizona (384 U.S. 436, 1966), admitted to shooting and killing Lewis Ferrari during the burglary. When Montejo was arraigned two days later in court, he stood mute as the court appointed counsel.

A few hours after the arraignment, police detectives visited Montejo at the jail (U.S. Supreme Court, 2009). During the end of the ensuing discussion, Montejo waved his Miranda rights and agreed to take them to the murder weapon. During the trip to locate the murder weapon, Montejo wrote a letter of apology to the victim's widow.

The defense attempted to suppress the letter of…… [Read More]

References

Bretz, Emily. (2010-2011). Don't answer the door: Montejo v. Louisiana relaxes police restrictions for questioning non-custodial defendants. Michigan Law Review, 109, 221-256.

U.S. Supreme Court. (2009). Montejo v. Louisiana: certiorari to the Supreme Court of Louisiana. FindLaw.com. Retrieved 10 July 2012 from http://caselaw.lp.findlaw.com/scripts/getcase.pl?court=us&vol=000&invol=07-1529.
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Security Department Policy

Words: 1426 Length: 5 Pages Document Type: Essay Paper #: 45140883

Many states, such as Virginia, are training private security officers in order to ensure smooth cooperation and coordination between security companies without police powers and the police and sheriff's departments. In Washington D.C., the municipal police department requires private security officers to be licensed as "special police" officers in order to legally search or arrest people. Cooperation can reach significant proportions, as in the case of the Minneapolis Police Department's "SafeZone" program, which place private security officers downtown who now outnumber Minneapolis Police Department officers there 13 to 1.

4. Industries and organizations that use special and/or commissioned officers and for what purposes

a. There is a truly broad range of industries and organizations which use special police officers. These organizations tend to have significant financial resources, large premises, and sensitive security needs which they believe cannot be met by the existing public police force. These often involve the need…… [Read More]

Bibliography

http://www.seattlepi.com/local/430256_harborview.html

U.S. Constitution

Amy Goldstein, Washington Post, the Private Arm of the Law January 2, 2007
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Criminal Justice Is the Coordination

Words: 2218 Length: 7 Pages Document Type: Essay Paper #: 395032

Examples of offenses that are based on constitutional endowments of right contain tax evasion, possessing illegal substances and conspiring to violate civil rights. Courts have specified on the whole a wide explanation to the Commerce Clause authority, allowing Congress to create a federal offense of many widespread law crimes such as kidnapping or murder if state outline are fractious during commission of the crime and such as misappropriation and blackmail using instrumentalities of trade such as telephone lines or the U.S. post. Examples of offenses that are based on regions owned by or under the restricted power of the federal government contain crimes committed in the District of Columbia, in U.S. Territories, in U.S. National Parks, in federal courthouses and federal jails plus on board airplanes and ocean going ships. The United States armed force has its own immoral justice system applicable to its members, but civilians might be accused…… [Read More]

Bibliography

Wolfgang, Marvin (1990). Crime and Punishment in Renaissance Florence. Journal of Criminal Law and Criminology. Retrieved on January 11, 2008.

Schmalleger, Frank (2001). Criminal Justice: A Brief Introduction. Prentice Hall. Retrieved on January 11, 2008.

Cornell University Law School. Bill of Rights from Cornell University Law School. Retrieved on January 11, 2008.

Nicholas J. Szabo. (2006). Jurisdiction as Property: Franchise Jurisdiction from Henry III to James I. Retrieved on January 11, 2008 at http://szabo.best.vwh.net/JurisdictionAsProperty.pdf
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Counter-Terrorism Legislations on Societies and

Words: 758 Length: 2 Pages Document Type: Essay Paper #: 55201967

Even so, it has been argued that the limitation of liberties does not necessarily help the war on terror.

Given the nature of the legislation, which includes limitations on freedom of expression or transportation, the society is most of the times limited in its enthusiasm. In this sense, members of Parliaments throughout the world draw the attention on the fact that anti-terrorism laws have infringed the freedom of speech, the liberties of the societies, but most importantly they interfere in the right to privacy of the community (Conservative Home, 2010). Moreover, the right of the state to hold in custody without warrant suspects of terrorist acts is also one of the most important statements made against the Miranda rights and the rights of a suspect.

Academics and experts have consider the fight against terrorism to be important precisely for the protection of human rights, the most important being the right…… [Read More]

Bibliography

Conservative Home. Labour's increasingly draconian anti-terrorism laws questioned by cross-party parliamentary committee. 2010. Available at  http://conservativehome.blogs.com/leftwatch/2010/03/labours-increasingly-draconian-antiterrorism-laws-questioned-by-crossparty-parliamentary-committee.html 

Mark Juergensmeyer. "Undestanding the New Terrorism." Current History (April 2000), pg 158-163.

Schmitt. Michael N. "Counter-Terrorism and the Use of Force in International Law." The Marshall Center Papers, No. 5. The George C. Marshall European Center for Security Studies.

Wardlaw, Grant. Political terrorism: theory, tactics, and counter-measures. Press Syndicate University of Cambridge, 1989.
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Defendant and the Bill of

Words: 1071 Length: 3 Pages Document Type: Essay Paper #: 50128262

Also, the search warrant must specify exactly what evidence the police are seeking. At times, a search warrant is not required, for if an officer observes a crime being committed, he/she has the right to arrest or apprehend the culprits. However, if a search warrant specifies what evidence is being sought during a search and other evidence is found concerning another crime, such evidence cannot be used in court.

The Sixth Amendment guarantees that an accused person will be treated fairly and justly by the officers that make the arrest and by the courts that hear the accuser's case. As to jury trials, three rules must be followed -- first, the jury must be made up of twelve members; second, the trial must be supervised by a judge with the authority to instruct the jurors, and third, the verdict of the jurors must be unanimous. However, prior to 1968, states…… [Read More]

REFERENCES'

Brant, Irving. (1965). The Bill of Rights: Its Origin and Meaning. Indianapolis, IN: Bobbs-Merrill.

The Bill of Rights: Amendments 1-10 of the Constitution." (2005). Internet. Accessed October 15, 2005. http://usinfo.state.gov/usa/infousa/facts/funddocs/billeng.htm.

Bill of Rights
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Criminal Justice the American Criminal

Words: 644 Length: 2 Pages Document Type: Essay Paper #: 17322713

One of the most controversial laws passed in favor of public order over individual rights was the U.S.A. PATIOT Act. Passed in the wake of the September 11 terrorist attacks, the law permitted more leeway than had been previously granted to law enforcement officials. Searches, seizures, and wire tapping are some of the ways law enforcement officials can infringe on personal liberties and individual rights, with the ultimate goal of protecting public order.

Similarly, the Guantanamo Bay detainees have their individual rights restricted and because they are not American citizens their access to Constitutional rights is not guaranteed. The government has determined that impinging the rights of the individual detainees serves the best interests of the general public: a stance that has the nation up in arms about the ultimate purpose of the legal system and of the efficacy of due process of law.

Whether or not a suspect is…… [Read More]

References

Due Process." (nd). Wikipedia. Retrieved Aug 4, 2006 at http://en.wikipedia.org/wiki/Due_process

What is Criminal Justice?" (nd). Chapter 1 in Survey of Criminal Justice. Retrieved Aug 4, 2006 at http://www.iejs.com/Survey_of_CJ/CH01.htm
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Justice and Security Free Balance in the

Words: 2493 Length: 7 Pages Document Type: Essay Paper #: 70449647

Justice and Security

Free Balance in the Administration of Justice and Security

Justice and Security policies have always been at the center of international politics, but their nature has changed due to the advent of nuclear weapons and their proliferation, economic interdependence, the end of the Cold War, environmental problems, technological advancements and vulnerabilities, as well as other material and cultural developments typically linked to globalization. This paper will talk about the evolution of justice security and balance rights freedoms that protect citizens a free society, respecting constitutional guarantees and individual rights. Further we will review the cumulative issues concerning the legal environment in which justice and security administration operates and also evaluates the changes in technology and mass communication that effects the justice and security areas. Last but not the least, we will talk about the issues that involved with individual rights vs. The needs of the justice system…… [Read More]

References

Booth, K. (Ed.). (2005). Critical security studies and world politics. Boulder. CO: Lynne Rienner.

Deudney, DH (2006). Bounding power: Republican security theory from the polis to the global village. Princeton, NJ: Princeton University Press.

Kaldor, M. (2007). Human security. Cambridge, UK: Polity.

Lipschutz, R. (Ed.). (2005). On security. New York: Columbia University Press.
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Florida vs Powell on August

Words: 2609 Length: 7 Pages Document Type: Essay Paper #: 61713721

Long, 463 U.S. 1032, 1040 (1983)) since the independence of a state court's state-law judgment is not clear.

Furthermore the Court stated that the Florida Supreme Court treated state and federal law as interchangeable and interwoven and therefore would give jurisdiction to the U.S. Supreme Court based on a ruling made in the Michigan v. Long case.

he most weight was obviously put on the wording used and how it can be interpreted and how it was interpreted. Since there are grammatical differences between "before" and "during," the decision cannot be upheld. It is clear that if the interrogator used the phrase: ".. An attorney will be presented to you before questioning" it is not the same as if it would read: ".. And attorney will be presented to you before and during questioning." his is misleading and can be interpreted as if the defendant would have the right to…… [Read More]

Thomson Reuters . (2009). "Miranda" Rights and the Fifth Amendment. Retrieved April 28, 2010, from Criminal Law: Your Rights:  http://criminal.findlaw.com /crimes/criminal_rights/your-rights-miranda/miranda.html

U.S. Constitution. (1789, March 4). Bill of Right. Retrieved April 29, 2010, from U.S. Constitution: http://www.archives.gov/exhibits/charters/bill_of_rights_transcript.html

Wikipedia.org. (n.d.). United States Declaration of Independence. Retrieved April 29, 2010, from United States Declaration of Independence: http://en.wikipedia.org/wiki/United_States_Declaration_of_Independence
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Court System the Basic Structure of the

Words: 1077 Length: 3 Pages Document Type: Essay Paper #: 49162879

Court System

The basic structure of the United States legal system comes from the Constitution. Constitutions are living documents that lay down principles and rules, as well as overall functions of how law should be used within society. Constitutions tend to be macro in scope, in that they define responsibilities between the three organs of U.S. Government (Judicial, Legislature and Executive). Laws are individual (micro) edicts that are made to define specific issues under the Constitution. The Constitution is the basic framework, or the strategic direction of law; defining relationships and allowing for reasons that are fundamental to other laws (e.g. privacy, search, etc.). Laws are the manner in which the tactics of the legal system and/or philosophy are carried out and used within society. A Constitution defines the theoretical basis of law, while laws incorporate the process of law and allow the government and its officers to use the…… [Read More]

REFERENCES

Neubauer, D., et al., (2010). America's Courts and the Criminal Justice System. Belmont,

CA: Wadsworth/Cenage.

Plunkett, T. (2001). A Concise History of the Common Law. Clark, NJ: The Lawbook

Exchange.
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Defendant Is Found Guilty and

Words: 1008 Length: 3 Pages Document Type: Essay Paper #: 64617185

If you cannot afford an attorney, one will be appointed for you before any questioning if you wish.

The Miranda rights are very clear and they are for the purpose of protecting a client or defendant from making self-incriminating statements to law enforcement because he or she is not aware of the law or how it works (Marcus, 1990).

High courts have ruled that inmates have the right to have counsel present during questioning just like non-incarcerated people have the right to do.

In a Maryland case in which an inmate was accused of murdering another inmate on a prison bus his attorney instructed authorities not to question him with the attorney present (Klein, 2005).

That request was upheld by court even though conversations that took place on the bus before the attorney was apprised of the new situation could have been very damaging to the suspect.

In a Colorado…… [Read More]

References

Klein, Allison (2005) lLawyer Prohibits Inmate's Questioning; Convict, Victim Were on Md. Prison Bus the Washington Post

Marcus, Ruth (1990) High Court Limits Police in Questioning Suspects; Miranda Rule on Lawyer's Presence Widened the Washington Post

Richard, Leo (2001) Questioning the relevance of Miranda in the twenty-first century.

Michigan Law Review
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INS v Chadha 462 U S

Words: 1450 Length: 5 Pages Document Type: Essay Paper #: 11934962

To prove either side of the argument, the sensitivity and impact needs to be assessed -- there is no blanket rule of everything being transparent, or everything being private; it is dependent upon the sensitivity and overall impact of the issue at hand.

3. ources: Hunold, C. And B. Peters. (2004). "Bureaucratic Discretion and Deliverative Democracy." Transformation in Governance. IGI Publishing; Holzer, M. And K. Yang. (April 1, 2005). "Administrative Discretion in a Turbulent Time: An Introduction. Public Administration Quarterly. Cited in: www.highbeamresearch.com.

4. How does a cost-benefit analysis used in the determination of due process?

Using, for example, Miranda v Arizona, a cost-benefit analysis is used to determine due-process in the sense of the decision's impact on law enforcement and the community needs to be taken into consideration before a ruling of using Miranda, 5th Amendment Rights, and basic procedures. The Rehnquist Court's decision in the idea of cost-benefit,…… [Read More]

Sources: Administrative Procedure Act of (1946); Federal Administrative Procedure Act, Cited in:  http://biotech.law.lsu.edu/Courses/study_aids/adlaw/ 

4. Distinguish among the following three terms: procedural rules, interpretive rules, and substantive rules. Explain the meaning and use of each.

a. Procedural Rules are rules that govern how prosecutions are conducted. The rules, which may be Federal or State, and may also govern different types of legal proceeding, e.g. criminal, are designed as a guide or template for the manner in which the Court proceeds on a given matter -- what it hears, what happens, and in what manner are issues resolved. The rules are designed to protect due process and ensure a fair and consistent application across the board. Essentially, Procedural Rules outline a "means" of conducting a court action. Creation of law.

b. Interpretive Rules -- Used in various ways depending on Federal, State, or local, they are the Court's view of the specific rule and the interpretation of its meaning. Known sometimes as the "legal effect" test, sometimes interpretive rules suggest or even engender new law. At times, law is so complex in specific cases or events, that a greater "interpretation" of the intent
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Noble Cause and How it Relates to

Words: 638 Length: 2 Pages Document Type: Essay Paper #: 70493391

noble cause" and how it relates to law enforcement daily? What positives and negatives can you identify? How can organizations control the "noble cause"?

The 'noble cause' of law enforcement is to uphold public safety. The idea that the highest good of law enforcement is to protect the public can be useful and important in the manner in which it motivates police officers to realize that they have a higher duty. When there is violence or crime, officers must run into danger, versus away from it like ordinary people. However, with this idea there are many profound, problematic implications. The idea that the cause is so noble that nothing can get in its way can act as psychological self-justification for officers to violate the law. When this occurs, no one benefits because evidence can then be thrown out of court, if it was obtained in violation of the suspect's civil…… [Read More]

References

Benoit, Carl A. (2011). The public safety exception to Miranda. FBI Bulletin.

Retrieved; https://www.fbi.gov/stats-services/publications/law-enforcement-bulletin/february2011/legal_digest

High court allows warrantless search. (2011). Boston.com. Retrieved:

http://www.boston.com/news/nation/washington/articles/2011/05/17/high_court_allows_warrantless_search/
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Peace Officer Trainee Discuss the Stages Investigative

Words: 1535 Length: 5 Pages Document Type: Essay Paper #: 1310350

Peace Officer Trainee

Discuss the stages (investigative, prosecutorial) at which each of the above interacts with a criminal defendant. Specify the roles of each and explain the process by which a suspect becomes a criminal defendant.

criminal justice system has interconnected parts that are working together to investigate and prosecute crimes. At the same time, officials have to be respectful of the defendant's civil rights and any kind of investigative techniques they are using to collect evidence. This is because the Constitution states, that all persons who are facing criminal prosecution must be found guilty beyond a reasonable doubt. (Hess, 2010, pp. 32 -- 105) (Cryer, 2010, pp. 361 -- 424)

As a result, all of the different sides must work together to ensure that these basic principles are taken into account. This means that the police and federal agents will be at the forefront for investigating crimes and making…… [Read More]

References

Cryer, R. (2009). Criminal Investigation. New York, NY: Cambridge University Press.

Dammer, H. (2011). Comparative Criminal Justice Systems. Belmont, CA: Wadsworth.

Hess, K. (2010). Criminal Investigation. Clifton Park, NY: Delmar Learning.
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American Federal Government Procedural Due

Words: 825 Length: 2 Pages Document Type: Essay Paper #: 55721417

They are occasionally informed too poorly to make an opinion, or are simply uninterested in some aspects of politics. Public opinion used to be measured through voting, letter writing, and demonstrating. However, those who write letter and demonstrate generally have views that are more extreme than those of the public (166-168). Thus, the public opinion poll was introduced. Examples of public opinion polling include President Barack Obama's approval rating, which is currently 68%, and the 72% that believe the U.S. will be "better off in four years" (Gallup). Public opinion polls are important because they "keep the public well informed," as well as keeping the public in touch with important shifts in public opinion" ("Are opinion polls useful?").

Using a random sampling method, the public opinion poll uses probability to reflect the views of the public. That is, by using a random selection of the population, the opinions of the…… [Read More]

Works Cited

Faxed Test.

Are Opinion Polls Useful?" American Historical Association. 25 January 2008.  http://www.historians.org/projects/GIRoundtable/Polls/Polls5.htm 

Gallup. "Obama Starts with 68% Job Approval." Gallup. 24 Jauary 2008. 25 January 2008.  http://www.gallup.com/Home.aspx
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Buchanan Op-Ed an Analysis of

Words: 3082 Length: 10 Pages Document Type: Essay Paper #: 99291916

Zionism is even being identified with Christianity, with evangelicals uniting themselves to Israeli interests. Need we remind ourselves that Zionism is a politico-religious belief that is diametrically opposed to Christian values? The post-war propaganda that followed II even helped obliterate the notion of Jesus Christ as Holocaust and replace it with the Shoah, the Jewish holocaust. At the heart of Zionism is the eradication of Christian culture and the elevation of Zionist policies like the one currently being enacted on the Gaza Strip. Israel is an apartheid state and has been murdering Palestinians for years -- and now it has convinced millions of Christians and evangelicals that they must destroy the Arab before he destroys them. hat kind of value is this? It is a diabolical one.

Refusing to embrace diplomacy also undermines our prosperity. Rather than attacking and occupying countries in the Middle East, we should be working with…… [Read More]

Works Cited

Anders, Chris. "Senators Demand the Military Lock Up of American Citizens." ACLU.

23 Nov 2011. Web. 13 Feb 2012.

Buchanan, Patrick. "Why Are We Baiting the Bear?" 23 Aug 2011.

Corbett, James. "9/11: A Conspiracy Theory." Corbett Report. 11 Sep 2011. Web. 13
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Berghuis v Thompkins Throughout the

Words: 1871 Length: 6 Pages Document Type: Essay Paper #: 78511816

Under U.S. v. Butler, the courts can make interpretations as to if a suspect has invoked these rights based upon their reactions to the questions and body language they are using. ("Berghuis v. Thompkins" 2009) ("Berghuis v. Thompkins," 2012) ("Miranda v. Arizona," 1966) (Dempsey, 2010)

In real world situations, this means that the basic rights are continually evolving based upon the questions and answers that are provided to law enforcement. The moment the suspect does not say anything, is the point when implied protections are being utilized. Once they begin answering questions is when they will have revoked these protections. This is because they decided to respond to one question. The fact that they chose to do this, is illustrating that the individual knows what is happening to them and is fully aware of their surroundings. As a result, any kind of information they provide can be used as evidence…… [Read More]

References

Berghuis v. Thompkins. (2010). Cornell School of Law. Retrieved from: http://www.law.cornell.edu/supct/html/08-1470.ZS.html

Berghuis v. Thompkins. (2012). Oyez. Retrieved from: http://www.oyez.org/cases/2000-2009/2009/2009_08_1470

Berghuis v. Thompkins. (2009). U.S. Supreme Court. Retrieved from:  http://www.supremecourt.gov/opinions/09pdf/08-1470.pdf 

Miranda v. Arizona. (1966). Cornell School of Law. Retrieved from: http://www.law.cornell.edu/supct/html/historics/USSC_CR_0384_0436_ZS.html
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Voluntary Statement and Corrections

Words: 967 Length: 3 Pages Document Type: Essay Paper #: 41533394

Custodial Interrogation vs. Voluntary Statements

In legal and criminal justice terms, as well as in their application in everyday life, there is a considerable degree of distinction between a voluntary statement and custodial interrogation. Nonetheless, there are a number of key similarities between these terms. Both of these proceedings (the issuing of a statement and an interrogation while in custody) can incriminate. Moreover, it is also possible for what begins as an opportunity to issue a voluntary statement to end as an instance of custodial interrogation. One of the key differences between these proceedings is the liberty of the person issuing administration to either federal, state or local authorities.

A voluntary statement is made to the aforementioned authorities without an individual being compelled to make a statement. Frequently, voluntary statements are made at will on the part of the person making them. Individuals may choose to go to a police…… [Read More]

References

Duke Law Journal. (1978). Note: Custodial interrogation after Oregon v. Mathiason. http://scholarship.law.duke.edu / Retrieved from http://scholarship.law.duke.edu/cgi/viewcontent.cgi?article=2689&context=dlj
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John I Uploaded Material Reference Bibliography Stuckey

Words: 860 Length: 2 Pages Document Type: Essay Paper #: 80121967

JOHN

*I uploaded material reference. BIBLIOGRAPHY: Stuckey, G., Roberson, C., & Wallace, H. (2006). Procedures justice system (8t Ed.). Upper Saddle River, NJ: Pearson/Prentice Hall. Case Study: Jon Doe individual left country effort make a life

Te case of Jon: Felony carges

In tis case of 'Jon Doe,' te suspect wo is accused of larceny was arrested because e began to make incriminating remarks wile being investigated. He was ten placed under arrest by te police. If te police ave probable cause to believe tat a suspect committed a crime, tey may place Jon under arrest witout a warrant, as tey did in tis specific instance. However, te police must read Jon's 'Miranda Rigts' before processing im (FAQ: Police interrogations, 2012, FindLaw). A suspect's Miranda Rigts include te rigt to remain silent and to ave an attorney, regardless of weter te suspect can afford an attorney or not. Also, "before…… [Read More]

http://criminal.findlaw.com /criminal-rights/waiving-miranda-rights.html

What is the difference between a grand jury and a preliminary hearing? (2012). J. Davidson Law.

Retrieved:  http://www.jdavidsonlaw.com/Phoenix_Criminal_Defense_Blog/2010/April/What_is_the_Difference_Between_a_Grand_Jury_and_.aspx
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1950s Police Operations in the

Words: 1057 Length: 3 Pages Document Type: Essay Paper #: 10949491

S. Supreme Court's decisions in Escobedo v. Illinois (Escobedo v. Illinois, 1964) and Miranda v. Arizona (Miranda v. Arizona, 1966). These two cases dramatically altered how police treated criminal defendants subsequent to their arrests and forced police agencies throughout the United States to develop new procedures. The reading of what have become to be popularly known as Miranda rights has become a routine part of every arrest. Like it has in many areas of criminal procedure, the U.S. Supreme Court has narrowed the application of Miranda and gradually chipped away at the rights originally granted by the Court that decided the case. Two of the more significant cases were decided in 1984 when the Court allowed an exception to Miranda in the case of New York v. Quarles (New York v. Quarles, 1984) so that police can use Miranda statements in situations involving public safety. Additionally, in a companion case…… [Read More]

References

Escobedo v. Illinois, 378 U.S. 478 (U.S. Supreme Court 1964).

Mapp v. Ohio, 367 U.S.643 (U.S. Supreme Court 1961).

Miranda v. Arizona, 384 U.S.436 (U.S. Supreme Court 1966).

New York v. Quarles, 467 U.S. 649 (U.S. Supreme Court 1984).
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Criminal Justice Law

Words: 1178 Length: 4 Pages Document Type: Essay Paper #: 20449024

Moose Horn Police officers admissible at trial, since no Miranda warnings were given to the defendant at any time?

In the case of Sleazy vs. The state of decency the statements made by the defendant were not admissible in court because the officers did not inform Sleazy of his Miranda rights. These rights should have been stated to the defendant when it was obvious to the police officers that section 54321 of the law had been violated.

Instead the officers continued to ask Sleazy questions that they knew would incriminate him. This violated his Fifth Amendment right not to incriminate himself; the amendment is a fundamental part of the American justice system and was not adhered to in this case. Therefore the statements made by Sleazy were not admissible in court.

In neglecting to read Sleazy his rights the officers were forfeiting all of the information that Sleazy was providing…… [Read More]

Works Cited

Interpreting the Cross-Section Requirement of the Sixth Amendment http://law.wustl.edu/Journal/52/435.pdf

All cases cited came at http://www.uscaselaw.com
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Changes in Supreme Court Philosophies

Words: 2132 Length: 6 Pages Document Type: Essay Paper #: 46065403

Supreme Court Chief Justices Warren and ehnquist

Compare and contrast approaches to criminal procedures by U.S. Supreme Courts:

The Warren vs. The ehnquist Court

A common philosophical debate within the legal community is when the approach advocated by so-called 'conservative' justices (often called strict constructionism) is pitted against more 'liberal' and freer interpretations of constitutional words and history. Throughout much of the 20th century, it was often said that the more liberal interpreters of the Constitution were 'winning the war' in regards to this issue, thanks to the presiding intelligence of Chief Justice Earl Warren. "Following his appointment in 1953 Chief Justice Earl Warren led the Court into a series of decisions that drastically affected sexual freedom, the rights of criminals, the practice of religion, civil rights, and the structure of political representation. The decisions of the Warren Court reflected its deep concern for the individual, no matter how lowly"…… [Read More]

References

Byellin, J. (2013). John G. Roberts: Conservative yet apolitical consensus building chief justice.

Legal Solutions. Retrieved from:

 http://blog.legalsolutions.thomsonreuters.com/top-legal-news/john-g-roberts-conservative-yet-apolitical-consensus-building-chief-justice/ 

Liptak, A. (2012). Supreme Court upholds healthcare law 5-4, in a victory for Obama.
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Evidence in Criminal Law the

Words: 1006 Length: 4 Pages Document Type: Essay Paper #: 72112259



3) All of this evidence is admissible. Even if the police informant elicited the information in the jail cell when he was not uniformed so as to avail the defendant of the knowledge that he was talking to a cop, it is still admissible. This is the case even if the defendant requested council - the idea here is, confessions cannot be forced when a defendant believes he is under the duress of police custody; if he does not believe he is being forced to talk or threatened to talk, there can be no duress, so the evidence is admissible.

And the officer can testify to what the defendant said, but it has to be in the form of exceptions to hearsay evidence. As he would be testifying to matters for the truth of the matter asserted, they have to meet hearsay exceptions - the most important one here would…… [Read More]

Bibliography

Barbri Criminal Procedure Review. (2005). New York: Barbri.

PMBR Criminal Procedure Review. (2005). New York: PMBR.
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Organizational Issues and Criminology Introduction- When We

Words: 1540 Length: 4 Pages Document Type: Essay Paper #: 35120345

Organizational Issues and Criminology

Introduction- When we think of the criminal justice system in the United States, we are referring to a broad collection of federal, state, and local agencies that are focused on crime prevention and upholding the law. In general, these agencies uphold the law at various levels, investigate crime, process the accused, compile evidence, work with the district attorney, and develop profiles and crime prevention techniques. The process of the criminal justice organization is designed to work in conjunction with the three branches of the U.S. government, and to uphold the Constitution. Organizationally, because there are so many agencies, personalities, interpretations and goals, there tends to be either a crime control model or a due process model. Many scholars see that this is one of the downfalls of the organization, because the tension and competition between the two viewpoints tends to cause negative issues within the system…… [Read More]

REFERENCES

National Strategy for Homeland Security. (2002, November). Retrieved from ncs.gov: http://www.ncs.gov/library/policy_docs/nat_strat_hls.pdf

Aman, T. (2008). Decentralization: Pros and Cons. Fdle.state.fl.us. Retrieved from: http://www.fdle.state.fl.us/Content/getdoc/9da64f08-58b2-4d8c-96ac-e3b2a9ef8265/Aman-Tommy-paper-pdf.aspx

Autry, R.H., (1996). What is Organization Design? Innovus.com. Retrieved from:  http://www.inovus.com/organiza.htm 

Clark, D. (2008). Leadership and Organizational Behavior. Nwlink.com. Retrieved from:  http://www.nwlink.com/~donclark/leader/leadob.html
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Deceptive Techniques Used by Cops

Words: 1270 Length: 4 Pages Document Type: Essay Paper #: 81178982

Police

Deception is an integral part of the police arsenal during interrogation. The tactics and techniques of deception have been finely honed, and continue to improve to allow for effective interrogation and information retrieval. Within the framework of judicious police interrogation, the techniques and tactics can be employed effectively, efficiently, and ethically. A few, like the eid Technique, have been criticized for their misuses and for their tendency to create false confessions (McKee, 2014). Other tactics and techniques do deserve to remain part of the overall law enforcement strategy, especially when the tactics and techniques preserve the integrity of the investigation. One of the most commonly used deceptive interrogation tactics is minimization. Minimization is used to engender trust and establish a bond of communication with the suspect. The law enforcement officer basically bluffs throughout the interview, downplaying the severity of the crime itself, feigning sympathy with the suspect's point-of-view, and…… [Read More]

References

Bell, R. (n.d.). Coerced false confessions during police investigations. Crime Library. Retrieved online: http://www.crimelibrary.com/notorious_murders/not_guilty/coerced_confessions/2.html

McKee, E. (2014). The line between deception and fabrication. Temple Law Review. 14 Nov, 2012. Retrieved online:  http://sites.temple.edu/lawreview/2012/11/14/the-use-of-deception-and-other-ethical-implications-in-interrogation-methods/ 

Redlich, A.D. & Meissner, C. (n.d.). Techniques and controversies in the interrogation of suspects. In Skeem, J.L., K. Douglas & S. Lilienfeld (Eds.) Psychological Science in the Courtroom. Retrieved online: http://digitalcommons.utep.edu/cgi/viewcontent.cgi?article=1036&context=christian_meissner

Rutledge, D. (2007). The lawful use of deception. Police. Jan 1, 2007. Retrieved online:  http://www.policemag.com/channel/patrol/articles/2007/01/point-of-law.aspx
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Medellin Debate Moves to Congress

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The Court rejected Medellin's argument that the President's 2005 Memorandum was binding on state courts. The Court accused the President of attempting to unilaterally converting a non-self-executing treaty into a self-executing one." The government had also claimed that the Memorandum was an exercise of the President's authority to resolve international claims under his executive authority. The Court recognized that this was a long-standing practice, but prior uses of executive authority to settle international disputes had occurred in narrow circumstances, and did not involve the complete setting aside of state law, as the Medellin sought.

In the Medellin v. Texas oral argument, Justice Scalia says, "Usually when we have treaties that are not self-enforcing, the judgment of whether that international law obligation shall be made domestic law is a judgment for the Congress. Congress passes a law to enforce the treaty. " the United States must abide by its international commitments…… [Read More]

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Court Proceeding Experience

Words: 1197 Length: 4 Pages Document Type: Essay Paper #: 20073508

Court Proceedings Experience

Premise

year-old Nicholas Lindsay was charged for the murder of Officer David Crawford. esides Lindsay's own confession to the murder, there is no other evidence that he committed the murder. Lindsay made this confession at the urging and in the presence of his mother, without a lawyer present. He told the police officers that he shot David Crawford after being apprehended by Crawford.

The official police report stated that, after apprehending Lindsay, Crawford was reaching for his notepad when Lindsay pulled out his own handgun and shot him five times in the chest. Hence, Lindsay was arrested and charged for murder. The prosecution, which included the State Attorney, decided to prosecute 16-year-old Lindsay as an adult.

Lindsay was indicted on the count of Murder in the First-Degree, which is defined by Florid State law as "The unlawful killing of a human being perpetrated from a premeditated design…… [Read More]

Bibliography

s. 782.04(1)

s. 782.051).

Florida Supreme Court, Jury Instructions - 7.2 MURDER -- FIRST DEGREE. Available at http://www.floridasupremecourt.org/jury_instructions/chapters/chapter7/p2c7s7.2.rtf

"2 officers killed, man found dead after shootout inside Florida home." CNN. 2010-10-18.
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Criminal Justice System the American

Words: 1994 Length: 6 Pages Document Type: Essay Paper #: 2814877



Appeals

If the defendant is acquitted by the jury or by the judge in a bench trial, the 5th Amendment government prohibits the government from trying the defendant for the same crime.

Although there are is no constitutional right to appeal convictions, every state has passed its own laws which allow a convicted defendant to appeal a conviction after trial.

The defendant may appeal to an appellate court below the state supreme court or, if there is none, directly to the state supreme court.

If the appellant is unsuccessful at this level, he/she can bring the appeal to a higher court.

If the appellant's complaint is based on a Constitutional issue, she may bring her case to federal court which has jurisdiction over that particular state.

However, if the appellant's complaint involves a right provided by the state's laws, he/she cannot bring this issue before a federal court.

If the…… [Read More]

References

Crime and Justice Volume II: The Criminal in the Arms of the Law, Edited by Sir Leon Radzinowicz and Marvin E. Wolfgang (1977). Basic Books Publishing.

Joshua Dressler and Alan C. Michaels, Understanding Criminal Procedure Vol. 2: Adjudication (4th Edition)(2006). Lexis-Nexis.

Larry J. Siegel, Introduction to Criminal Justice (12th Edition) (2010) Cengage Learning.

Bryan a. Garner, Black's Law Dictionary (8th Edition) (2004). Thomson West.
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Citizens Arrest

Words: 1775 Length: 5 Pages Document Type: Essay Paper #: 39217712

history of citizen's arrests, citizen's arrest in today's society, and give examples of citizen's arrests, the outcomes, etc. It will also look at the downside of making a citizen's arrest, including the repercussions to that individual such as civil action, liability, etc. Citizen's arrests are more common than they have been in the past, with many states reporting higher incidents of these types of arrests (Grossack, Takata). Citizen's arrests have a long and varied history, and are still a frequently valid form of citizen involvement in the often complex process of law enforcement and criminal justice.

The history of citizen's arrests goes back to the beginnings of Anglo-Saxon law in medieval England. Because the medieval sheriffs were spread so thin, they encouraged citizen involvement in law enforcement. David C. Grossack, a Constitutional attorney notes, "Sheriffs encouraged and relied upon active participation by able bodied persons in the towns and villages…… [Read More]

References

Grossack, David C. "Citizens' Arrest." Constitution.org. 1994. 28 Sept. 2005.

<  http://www.constitution.org/grossack/arrest.htm 

Hannon, Leo F. The Legal Side of Private Security: Working through the Maze. Westport, CT: Quorum Books, 1992.

Joh, Elizabeth E. "The Paradox of Private Policing." Journal of Criminal Law and Criminology 95.1 (2004): 49+.
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Juvenile Offenders' Ability to Understand Their Legal

Words: 1160 Length: 4 Pages Document Type: Essay Paper #: 28498517

juvenile offenders' ability to understand their legal rights and one issue related to their ability to participate effectively in their own defense.

Ability to understand legal rights: Competency

Ability to participate effectively in their own defense: Treating juveniles differently

According to U.S. criminal law, part of the right to counsel includes the notion that a defendant must be able to participate in his or her defense (Sandborn 2009: 137). However, schizophrenics, persons with low IQ, and many other individuals who might seem otherwise unable to discern right from wrong have been found competent to assist in their own defense, even persons later found to be insane. The question of juvenile competency is particularly vexing given that juveniles have an innately 'different' status under the law. The focus of the juvenile justice system is rehabilitation, and to a lesser extent, restitution, while the focus of the adult justice system is usually…… [Read More]

Juveniles in the juvenile justice system often lack an understanding of Miranda Rights. This is the first contact most juveniles have with the legal system. Empirical studies investigating juveniles' comprehension of the Miranda warning indicate that they tend not to understand the warnings, which has significant implications for a " knowing and intelligent" waiver of such rights under the totality of circumstances test (Colwell, 2005).

According to Erik Erikson, normal psychosocial development includes the development of trust (birth to 12 months), autonomy (1 to 2 years), initiative (3 to 5 years), industry, identity (12 to 18 years), intimacy, generativity, and ego integrity (60s and above) (Crain, 2011). Development begins in infancy and progresses as the infantile ego interacts with the environment (Crain, 2011). In order for a child to progress from one stage to another requires full mastery of the previous stage. Attributes of autonomy in psychosocial maturity are self-reliance, work orientation, and identity (Greenberger, 1984). Attributes of social responsibility are social commitment, openness to sociopolitical change, and tolerance of individual and cultural differences (Greenberger, 1984).

When evaluating psychosocial maturity, juvenile justice professionals must be able to full understand the juvenile. Examples of questions a professional might ask include: Do you accept responsibility without being reminded or pressured? Are you sympathetic and responsive to what others need? Do you cope with change? Do you show confidence to handle situations that come
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Arrests an Officer of the Law Has

Words: 663 Length: 2 Pages Document Type: Essay Paper #: 21929943

Arrests

An officer of the law has a great deal of power, and it is helpful for civilians to know what rights they have when approached or stopped by an officer. It is also important to understand the difference between being stopped and being arrested. Individuals should also be aware of the laws regarding search and seizure of property. Generally, an officer of the law is permitted to stop a person to ask questions but unless there is an intervening circumstance, the person is not obliged to answer and may remain silent. If, however, there is a reason for the stop that is obvious (such as, a robbery, terrorist attack, or other incident had just occurred nearby), or if the person was engaged in activity that might be construed as suspicious, then the person should cooperate with the police. If the person continues to remain silent, the officer might have…… [Read More]

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Legal Recommendations

Words: 1309 Length: 4 Pages Document Type: Essay Paper #: 80585326

However, Doherty took the themes of these books as further evidence of Adams' wrong doing, although Adams himself never admitted to anything about being part of the Black Blocs or believing in anarchist ideologies. The only thing Adams sad was that he was an environmentalist, which is why he had been collecting the glass Coca Cola bottles in order to recycle them later when he found an acceptable recycling location. Additionally, Officer Doherty found medication on Adams person as well. This medication was prescribed to Thomas Adams, a fact which Doherty should have seen as an obvious red flag that he was dealing with a minor with behavioral and emotional issues, which should have led him to be even more sensitive in his actions towards Adams. Yet, Officer Doherty seemed to only see this as further reason that Adams was guilty.

This leads into the second charge against Adams, the…… [Read More]

References

Calvin, Elizabeth. (2006). Juvenile Defender Delinquency Notebook. Advocacy Training Guide. Web. http://www.njdc.info/pdf/delinquency_notebook.pdf
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Understanding How the American Justice System Works

Words: 670 Length: 2 Pages Document Type: Essay Paper #: 62900110

Achieving Justice in America

The main aim of every court system is to ensure that victims of a particular crime receive justice where the guilty are punished accordingly while and the innocent are set free. All these procedures are embodied in the constitution, which should be observed by the judges and any other authorized person making determinations. For the guilty to be punished and the innocent to be set free, the criminal justice system has three major institutions, which are involved in processing the case. The three major institutions are inception, trial, and punishment (Cole et al., 2015). As per the assessments, sometimes the innocent are punished, and even the guilty are set free. Before a case reaches its determination, law enforcement officials investigate a crime and collect any evidence to be used against the presumed perpetrators. The case will proceed, and the court system will weigh the evidence presented…… [Read More]

References

Neubauer, D., & Fradella, H. (2016). America's Courts and the Criminal Justice System. New York: Cengage Learning

Cole, G., Smith, C., & DeJong, C. (2015). Criminal justice in America. New York: Cengage Learning.
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Open & Unfair Hostility Towards Police

Words: 2928 Length: 8 Pages Document Type: Essay Paper #: 94773728

Law Enforcement Opinion

This report will cover a topic that has always been controversial. However, there have been some events as of late, most of them racially and otherwise socially charged, that have forced the argument the subject firmly back into the forefront. Of course, that topic would be law enforcement. While gun violence, politics and so forth are all the rage in the modern blogosphere and social media realms, the topic of law enforcement is high on the minds of many regular people and activists due to, among other things, the events and details surrounding what happened to people like Eric Garner, Freddie Gray, Michael Brown and so forth. There are plenty of talking heads that would paint the police as abusive and authoritarians. However, that is far from being the true picture that should be painted and this report shall aim to fill in the rest of the…… [Read More]

References

Baker, A. (2015). In Eric Garner Case, Judge Rules Against Releasing Grand Jury Evidence. Nytimes.com. Retrieved 16 June 2015, from http://www.nytimes.com/2015/03/20/nyregion/in-eric-garner-case-judge-rules-against-releasing-grand-jury-evidence.html

Barrabi, T. (2014). Michael Brown Robbed Convenience Store, Stole Cigarillos Before Darren Wilson Shooting, Dorian Johnson Says. International Business Times. Retrieved 16 June 2015, from http://www.ibtimes.com/michael-brown-robbed-convenience-store-stole-cigarillos-darren-wilson-shooting-dorian-1729359

CBS,. (2015). Family defends Trayvon Martin amid claims he was aggressor in deadly confrontation. Cbsnews.com. Retrieved 16 June 2015, from http://www.cbsnews.com/news/family-defends-trayvon-martin-amid-claims-he-was-aggressor-in-deadly-confrontation/

FindLaw,. (2015). Are DUI Checkpoints Legal? - FindLaw. Findlaw. Retrieved 16 June 2015, from http://traffic.findlaw.com/traffic-stops/are-dui-checkpoints-legal-.html
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Criminal Processing

Words: 1815 Length: 4 Pages Document Type: Essay Paper #: 21717747

Criminal Processing

Officer Jim Rawlins, a fourteen-year veteran of the Anytown Police Department spent the morning working with Sadie. He hid a series of balls around his backyard, giving the golden retriever praise and pets every time she found one of the balls and brought it to him. Then he clipped on her leash and her special K-9 officer vest and loaded her into the squad car. Today Jim was taking Sadie to Anytown High School, where she would sniff out drugs in student lockers. One high school in the district was randomly selected each month for a drug search (De La Garza). Jim took his job seriously because drugs were a growing problem at Anytown High School, and one of the students had overdosed the week before. The girl was going to live, but her life would never be the same. If he could keep that from happening to…… [Read More]

Works Cited

De La Garza, Diana. "Drug Dogs Sniff Out School Campus." Laredo Morning Times 18 Apr.

2002: A1.

'Inmate Handbook." TCSOAL.org. 2005. Tuscaloosa County Sheriff's Office. 26 Jun. 2005

.
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Criminal Justice Ethics in Chapter

Words: 797 Length: 2 Pages Document Type: Essay Paper #: 56155015

For example, the Miranda decision of 1966 clarified the specific interrogation and arrest guidelines used by officers but even the reading of Miranda rights can be a manipulative function. Confessions must be reliable and fair. Trickery and deceit are commonplace in the interrogation procedure, for the officer of the law continually straddles the line between ethics and the necessity of capturing criminals.

Joycelyn Pollock describes police ethics in terms of four basic categories in Chapter 6: "Ethical Dilemmas in Police Work." The issues addressed in the literature, such as corruption, brutality, and bribery, are not necessarily encountered by police officers on a daily basis. In fact, many officers note that drinking, sleeping, and having sex on the job are more common ethical offenses than bribery (90). Pollock notes that officers generally view five main elements that comprise the "good" police officer: legality, service, honesty/integrity, loyalty, and ascription to the Golden…… [Read More]

Similarly, Jerome H. Skolnick and Richard a. Leo describe the legal and moral gray areas of police work in Chapter Five: "The Ethics of Deceptive Interrogation." Whereas the use of physical force was tolerated in the past, nowadays, psychological coercion is more the norm. Psychological coercion raises a host of complex issues that use of physical force does not. The legal system has attempted and continues to try to differentiate between what should and should not be acceptable police practices, but the law remains deliberately vague. For example, the Miranda decision of 1966 clarified the specific interrogation and arrest guidelines used by officers but even the reading of Miranda rights can be a manipulative function. Confessions must be reliable and fair. Trickery and deceit are commonplace in the interrogation procedure, for the officer of the law continually straddles the line between ethics and the necessity of capturing criminals.

Joycelyn Pollock describes police ethics in terms of four basic categories in Chapter 6: "Ethical Dilemmas in Police Work." The issues addressed in the literature, such as corruption, brutality, and bribery, are not necessarily encountered by police officers on a daily basis. In fact, many officers note that drinking, sleeping, and having sex on the job are more common ethical offenses than bribery (90). Pollock notes that officers generally view five main elements that comprise the "good" police officer: legality, service, honesty/integrity, loyalty, and ascription to the Golden Rule. These five elements can be grouped into four main ethical categories: those involving discretion and the law; those involving duty and service; those involving honesty; and those involving loyalty. Of these, the conflict between loyalty and whistleblowing and the use of discretion in difficult situations are the most significant and widespread ethical issues experienced by officers of the law.

Victor E. Kappeler also investigates the complexities of police ethics in Chapter Seven, entitled "Police Ethics, Legal Proselytism, and the Social Order: Paving the Path to Misconduct." The author states that the path to unethical conduct "begins with a way of thinking," (111). Many individuals fall into the trap of black-and-white morals, which can be morally and ethically blinding. Officers of the law contend with a series of ethical conundrums, such as the fact that many behaviors that are permitted legally are actually unethical, such as the use of manipulation. Such behaviors are not only acceptable as a part of the job, but are even expected of the officer. Police officers can therefore get away with more borderline or overtly unethical behavior without suffering personal or social consequences. Furthermore, officers of the law can develop elaborate means of self-justification, including denial of responsibility, denial of injury, denial of the victim, condemning the condemners, and especially, appeals to higher loyalties. Finally, Kappeler asserts that police ethics are a collective responsibility.
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Television During Any Evening and

Words: 362 Length: 1 Pages Document Type: Essay Paper #: 58584630

"

Another form of deception involves the use of imaginary witnesses that the suspect is told already explained the entire story to police. This is done in the hopes that the suspect will believe he or she is already caught so they tell the truth and confess.

It is acceptable to use such deceptions in interrogations because of the person being interrogated didn't commit the crime they will not know many of the details.

Even if they try to provide a false confession the details will be sketchy which will rule them out as the perpetrator. If they have all of the unpublicized details they are most likely the person who committed the crime.

Because most deception is employed only after the suspect executes a valid waiver of Miranda rights, Miranda offers suspects little protection from deceptive interrogation techniques (Magid, 2001)."

CONCLUSION

Deception during interrogations is a necessary tool that…… [Read More]

REFERENCE

Deceptive police interrogation practices: how far is too far?

Michigan Law Review; 3/1/2001; Magid, Laurie