188 results for “Miranda Rights”.
Other examples in which the Court of the United States notes the Constitution had been violated because the defendant was not guaranteed aid of counsel or legal advisement include the case of Spano v. New York, 360 U.S. 314, No. 326. This again is a case in which the Petitioner was accused and the interrogation was set up to make the Petitioner admit his criminal actions so that incriminating evidence could be collected and used in the preliminary trials. Once again however, the law enforcement agents involved failed to provide the individual their fair rights as defined by the Miranda ights and the right to an attorney to counsel the individual before interrogation takes place.
It is important to note also in many of these cases the Supreme Court notes many Petitioners are intimidated by the legal system and "forced" into confessing or admitting their crimes. While this may seem…
Bram v. United States, (1946), 168 United States 532, No. 562.
Clymer, S.D. (2002), Are police free to disregard Miranda? Yale Law Journal, 113(3): 268.
Columbia Law Review, (1961 April), Post-indictment questioning in absence of counsel violates due process requirements, Columbia Law Review, 61(4): 744-48.
Corey v. United States, 375 U.S. 169, (1963), Available
Miranda Rights hould Be Available to Individuals Detained by Private ecurity
Most people are familiar with so-called "Miranda Rights" that are named after the 1968 upreme Court decision in Miranda v. Arizona. Fewer people actually understand what those rights actually are or why they are important. pecifically, Miranda does not actually require police to "read rights" to suspects or prohibit them from questioning suspects and arrested persons. Instead, Miranda imposes a penalty only after the fact, by excluding from admissibility at the criminal trial of any statements made by defendants after their arrest unless they were first advised of their constitutional right not to speak to police and of their constitutional right to be represented by an attorney. Another thing that most people do not understand about "Miranda rights" is, like most other constitutional rights, they only apply to government authorities and not to private entities such as security personnel…
Schmalleger, F. (2009). Criminal Justice Today: An Introductory Text for the 21st
Century. Hoboken, NJ: Prentice Hall Publishing Co
Zalman, M. (2008). Criminal Procedure: Constitution and Society. Princeton, NJ:
Pearson Publishing Co.
THE POS AND CONS OF THE MIANDA IGHTS
Protection against self-incrimination is undoubtedly one of the most basic rights as described in the laws and codes of the American legal system. In the past, this right was often completely abridged, for those that were accused of a crime would be forced to confess their guilt through various forms of torture. But under American law, the protection against self-incrimination infers that a person is innocent until proven guilty in a court of law by his/her peers or judges and that the government or some other legal body must prove their guilt via a fair and balanced trial.
In Miranda v. Arizona (1966), one of the best examples of the decisions laid down by the Warren court, it was determined that "in order to secure criminal suspect's Fifth Amendment protection against self-incrimination, the police must advise suspects in custody,…
Ashworth, Andrew. (1999). Principles of Criminal Law. New York: Oxford University Press.
Day, Frank D. (1964). Criminal Law and Society. Springfield, IL: Charles C. Thomas.
Dix, George e. (1973). Criminal Law: Cases and Materials. New York: West Publications.
Gay, Peter B. And Richard H. Prunier. (1967). The Policeman and the Accused: Search and Seizure and Rights of the Accused. MA: Cambridge University Press.
ight to Counsel
To whom it may concern,
This memo serves to inform and educate on what is commonly known as the "right to counsel". Even if criminals caught red-handed are not the Constitutional scholars that they think they are, anyone accused of and/or arrested for a crime does have a right to counsel. Before getting into when the rights to counsel become guaranteed and enforceable, the rights themselves should be discussed and the genesis of how they came to be should also be covered. The Miranda rights are as follows:
• You have the right to remain silent
• If you do say anything, it can be used against you in a court of law
• You have the right to have a lawyer present while you are being questioned
• If you cannot afford a lawyer, one can be appointed for you if you desire
The Miranda rights…
Dolan, M. (2013). Murder conviction voided over Miranda rights violation. latimes. Retrieved 14 May 2017, from http://articles.latimes.com/2013/oct/29/local/la-me-miranda-murders-20131030
Doney. (2017). Ernesto Miranda. Doney.net. Retrieved 14 May 2017, from http://doney.net/aroundaz/celebrity/miranda_ernesto.htm
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…
Dickerson v. United States, 530 U.S. 428 (2000). Retrieved from http://scholar.google.com/scholar_case?case=12360733536043994298&hl=en&as
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=
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.
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+.
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.…
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…
Crawford, Kimberly. "The Sixth Amendment Right to Counsel." FBI Law Enforcement Bulletin.
"Powell v. Alabama." (1932).
"Revolutionary War and Beyond." (2011). Retrieved from http://www.revolutionary-war-and-
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…
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.
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…
Dershowitz, A. (2002). Shouting Fire: Civil Liberties in a Turbulent Age. New York:
Friedman, A. (2005). A History of American Law. New York: Touchstone.
Schmalleger, F. (2008). Criminal Justice Today: An Introductory Text for the 21st
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…
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.
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
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.
The idea of remaining silent when faced with accusation has historical religious and legal roots. Moses teachings', transformed to written form by the ancient Talmudic law had a complete ban on self-incrimination. The self-incrimination law could not be changed because it was viewed to contravene the natural instinct for survival. The ancient common law rule also had it that confusions must be voluntary. When the right to remain silent was included in the Fifth Amendment of the U.S. constitution, it was tied to a complicated and controversial history. The Supreme Court has applied three tenets in the constitution to evolve rules that govern police interrogation and the confession process. These three include the Sixth Amendment on the Right to Counsel, the Fourteenth Amendment clause on due process and the Fifth Amendment on Self-incrimination clauses. Each of these provisions has led the police to handle interrogation and confessions in varying ways…
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…
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
Criminal Justice & Criminology
Has the Miranda vs. Arizona ruling decreased the percentage of arresting official violations of defendant Fifth Amendment rights?
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.…
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
Case Facts: Ernesto Miranda was arrested and locked up in a Phoenix police station on March 13, 1963 where he was identified by a complaining witness (Samaha, 2012). Law enforcement officers took him to an Investigation Room where he was questioned before the two officers came out with a written confession that he signed. During the questioning, Miranda was not notified that he had a right to an attorney and was notified of the need for voluntary confession after making his oral confession. The written confession was then admitted into evidence at his trial before a jury despite objections from the defense counsel. The court then found him guilty of kidnapping and rape and sentenced him to 20 to 30 years in prison for each count, with these sentences running simultaneously. This ruling was upheld by the Supreme Court of Arizona following Mirandas appeal on the basis that his constitutional…
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…
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,
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…
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…
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
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…
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.
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…
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
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…
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:
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…
Dressler, J. (2002). Understanding Criminal Procedure. Newark, New Jersey: LexisNexis.
Gaines, L., & Miller, L. (2006). Criminal Justice In Action: The Core. Belmont, California:
S.Bransdorfer, M. (1987). Miranda Right-to-Counsel Violations and the Fruit of the Poisonous
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…
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.
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…
Amy Goldstein, Washington Post, the Private Arm of the Law January 2, 2007
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…
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.
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…
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
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…
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
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…
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
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…
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.
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…
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
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…
Neubauer, D., et al., (2010). America's Courts and the Criminal Justice System. Belmont,
Plunkett, T. (2001). A Concise History of the Common Law. Clark, NJ: The Lawbook
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,…
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
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…
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
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…
Benoit, Carl A. (2011). The public safety exception to Miranda. FBI Bulletin.
High court allows warrantless search. (2011). Boston.com. Retrieved:
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…
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
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…
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.
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…
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
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…
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
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…
Duke Law Journal. (1978). Note: Custodial interrogation after Oregon v. Mathiason. http://scholarship.law.duke.edu / Retrieved from
*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…
What is the difference between a grand jury and a preliminary hearing? (2012). J. Davidson Law.
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…
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).
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…
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
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"…
Byellin, J. (2013). John G. Roberts: Conservative yet apolitical consensus building chief justice.
Legal Solutions. Retrieved from:
Liptak, A. (2012). Supreme Court upholds healthcare law 5-4, in a victory for Obama.
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…
Barbri Criminal Procedure Review. (2005). New York: Barbri.
PMBR Criminal Procedure Review. (2005). New York: PMBR.
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…
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
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…
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
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…
Court Proceedings Experience
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…
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.
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.
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.
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…
Grossack, David C. "Citizens' Arrest." Constitution.org. 1994. 28 Sept. 2005.
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+.
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…
Calvin, Elizabeth. (2006). Juvenile Defender Delinquency Notebook. Advocacy Training Guide. Web. http://www.njdc.info/pdf/delinquency_notebook.pdf
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…
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…
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
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…
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.
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…
De La Garza, Diana. "Drug Dogs Sniff Out School Campus." Laredo Morning Times 18 Apr.
'Inmate Handbook." TCSOAL.org. 2005. Tuscaloosa County Sheriff's Office. 26 Jun. 2005
Incident Response to the 2013 Boston Marathon Bombings
Although named for its venue, the Boston Marathon is sponsored by a number of different cities in the greater Boston area and is held annually on Patriot’s Day which is the third Monday in April (About the Boston Marathon, 2018). First run as an all-male event in 1897, the Boston Marathon has since become an international event that draws both male and female contestants from around the world with a global audience. On April 15, 2013, two Kyrgyz-American brothers detonated two homemade bombs near the finish line of the Boston Marathon, causing hundreds of casualties – many of them severe and involving the loss of limbs – a well as three fatalities. The purpose of this case study is to provide an analysis of the effectiveness of the incident response to these bombings, including the role of first responders and the law…
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)."
Deception during interrogations is a necessary tool that…
Deceptive police interrogation practices: how far is too far?
Michigan Law Review; 3/1/2001; Magid, Laurie
Michigan, in which police officers had failed to satisfy the knock requirement of a "knock and announce" search warrant before obtaining incriminating evidence. The Court decided that technical violations of proper warrant execution in "good faith" of the nature described in Hudson would not trigger the exclusionary rule (Schott, 2006)..
Ultimately, as constitutional criminal procedure developed since Mapp, a balance arose between the need to safeguard the constitutional rights of the accused with the need to preserve the admissibility of evidence when violations associated with its procurement do not rise to the level necessitating its exclusion. More than any other factor, this balance also allowed police the appropriate freedom to perform their assigned function of preventing crime, apprehending criminal suspects, and collecting evidence without having to compromise their ethics and violate their sworn oaths to do so effectively.
Cloud, M. (1994) Emory Law Journal, the Dirty Little Secret. Accessed…
Cloud, M. (1994) Emory Law Journal, the Dirty Little Secret. Accessed September 15, 2007, at http://www.soc.umn.edu/%7Esamaha/cases/cloud_dirty_secret.html
Foley, M. (2000) U.S. Department of Justice, Police Perjury: A Factorial Survey. Accessed, September 15, 2007, at http://www.ncjrs.gov/pdffiles1/nij/grants/181241.pdf
Hendrie, E. (1997) FBI Law Enforcement Bulletin, the Inevitable Discovery Exception to the Exclusionary Rule. Accessed September 15, 2007, at http://www.fbi.gov/publications/leb/1997/sept697.htm
Raymond, M. (1998) St. John's Law Review; Police Policing Police: Some Doubts.
Even if the decision might not be popular, wrote the court, "from the very beginning, our state and national constitutions and laws have laid great emphasis on procedural and substantive safeguards designed to assure fair trials before impartial tribunals in which every defendant stands equal before the law," and because these procedures are often very complicated to understand, "this noble ideal cannot be realized if the poor man charged with crime has to face his accusers without a lawyer to assist him," when he or she is striving to make a credible defense before a judge or jury. ("Gideon v. ainwright," 1963)
Justice, and the work of the nine men (today, eight men and one women) on the court, is not always about the will of the majority of the American people, it is often about the rights of the individual. A case that demonstrates this principle even more vehemently…
Brown v. Board of Education of Topeka." 347 U.S. 483. 1954. [5 Dec 2006] http://brownvboard.org/research/opinions/347us483.htm
Gideon v. Wainwright." 1963. Source: 372 U.S. 335 (1963). [5 Dec 2006] http://usinfo.state.gov/usa/infousa/facts/democrac/67.htm
Lewis, Anthony. Gideon's Trumpet. New York: Vintage Reissue, 1988.
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" 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…Read Full Paper ❯
Michigan, in which police officers had failed to satisfy the knock requirement of a "knock and announce" search warrant before obtaining incriminating evidence. The Court decided that technical violations…Read Full Paper ❯
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Even if the decision might not be popular, wrote the court, "from the very beginning, our state and national constitutions and laws have laid great emphasis on procedural and…Read Full Paper ❯