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Political Message In The Film Dirty Harry, By Don Siegel
Film is an art form that has the power to influence its audience by creating impactful messages. Don Siegel cunningly and cleverly utilizes film
grammar and the mise–en–scene to promote a conservative political message in his 1971 film, Dirty Harry. There are many opinions on the film Dirty
Harry and its controversial political message. Some believe that the film is a visual embodiment of how the Warren Court went too far in regulating the
way police officials do their jobs. In my opinion Scorpio, Dirty Harry's deadly adversary, engages in criminal behavior throughout the film that
contributes greatly in establishing and promoting this message. Scorpio's actions and statements in several scenes throughout Dirty Harry, demonstrate
how criminals can exploit the civil ... Show more content on Helpwriting.net ...
The two court case rulings were made by the United States Supreme Court under chief justice Earl Warren. The first being Escobedo v. Illinois 1964,
which essentially gave suspects a Sixth Amendment right to the assistance of counsel. The second being Miranda v. Arizona 1966, which held that
statements obtained through interrogation were valid only so long as it could be demonstrated that the suspect had willingly waved his fifth amendment
right not to incriminate his self. These Warren court rulings, and Callahan's disobedience to modern law, combine to ensure that the evidence against
Scorpio is inadmissible and consequently he can go free. First, Callahan illegally searches the football stadium because he didn't have a warrant.
Second, he interrogates Scorpio without reading him his Miranda rights. Lastly, he tortures a confession out of Scorpio. Thus, the case against Scorpio
was invalidated. Scorpio, a criminal, was protected by the very legal sanctions, which were set up to promote
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Iss 225 John Molloy Final Exam Study Guide Fall Semester 2012
`ISS 225: POWER, AUTHORITY & EXCHANGE Study Guide, Final Exam, Fall 2012 Unit IV: Courts and Civil Liberties Professor Molloy The final
exam will be given in the regular classroom 109 South Kedzie Hall Section 001 will take its final on Monday, Dec. 10 from 7:45–9:45 a.m. Section 002
will take its test on Monday, Dec. 10 from 12:45 – 2:45 p.m. The classroom is not large enough to accommodate two large sections, so you must take
the exam when it is scheduled by the university. The final will cover all reading assignments indicated on the course outline for Unit IV: all of Molloy
book, Landmarks in Liberty; Chapter 6 in Politics, Power and Authority and lecture materials presented November 5th –December 6th. ... Show more
content on Helpwriting.net ...
What is a writ of certiorari? A common law writ issued by a superior court to one of inferior jurisdiction demanding the record of a particular case.
What is the primary role of the U.S. Court of Appeals? To hear and dispose of the vast majority of cases appealed from the district courts. What are
U.S. District Courts? General trial courts of the united states federal court system that hears both civil and criminal cases. When would a Federal
District Court have jurisdiction in a case? If a case involved crimes against the united states, suits under national laws involving use of the mails, patent,
copyright, trademark and other such technical matters and civil rights laws. What is the difference between a "petit" and a "grand" jury? Petit juries
have 12 members who decide, based on evidence, if the defendant is guilty or not guilty. Grand juries indict people. Its functions is to decide if the
government has a case or not. How are they chosen? Through a jury pool from those serving jury duty. What are their respective functions? To decide if
the government has a case, and to decide if the defendant is guilty or not guilty. Also if a person has won or lost a lawsuit. How do cases reach the U.S.
Supreme Court? Through appellate and original jurisdiction. Mostly from appeals though sent from the court of appeals. Under what limited
circumstances may the U.S. Supreme Court exercise original jurisdiction? When it accepts a suit if it feels a compelling
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Miranda V Arizona
Miranda v. Arizona: Half a Century Later by: September 2nd, 2014 I. INTRODUCTION A. Executive Summary – In 1966, the U.S. Supreme Court
deliberated the case Miranda v. Arizona the most important aspect of due process and criminal procedure ever affecting law enforcement and
prosecutorial conduct of an investigation. The main issues in this case were: * The admissibility of a defendant's statements if such statements were
made while the defendant was held in police custody or deprived of freedom of movement in a significant way; * What procedures were required to
guarantee the defendant's privilege against self–incrimination according to the Fifth Amendment of the U.S. Constitution? This case is considered the ...
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In 1965, the U.S. Supreme Court was seeking one or more cases similar to Escobedo v. Illinois to clarify their position, as its opinion in that case raised
many issues regarding the safeguards and extent of such decision. Chief Justice Earl Warren wrote the majority's opinion and Justices Clark, Stewart,
White, and Harlan presented three separate opinions. In the Court's opinion of this case, it discussed the legal basis for their decision, emphasizing the
need for changes away from the traditional rules of custodial interrogation. This landmark case in criminal procedure was marked by great public
criticism for the liberal stance shown by the U.S. Supreme Court. It ensures defendant's rights to what many people regarded as opening the door to
convicted criminals to escape punishment through "technicalities". III. PROFESSIONAL OPINION – In Miranda v. Arizona the prosecution focused
on the defendant's history with law enforcement to support their claim that Miranda's confession was offered knowingly. At the time, Escobedo was the
only similar case regarding defendant's rights and was specific about the right to counsel. Meanwhile in Miranda's case, his main failing was being
unaware of the consequences of confessing to a crime while under pressure or coercion of the police. The decade of 1960 has been known for its great
civil unrest in the United States. The ACLU (American Civil Liberties
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The Miranda Warnings
Miranda Warnings The so–called Miranda warnings were developed in response to the Supreme Court's decision in Miranda v. Arizona, 384 U.S. 436
(1966). Many people believe that this landmark decision invented the rights that are in the Miranda warning. It did not. The rights that are included in
the Miranda warning are guaranteed in the Constitution. Furthermore, "the e foundations for Miranda v. Arizona (1966) were laid in Malloy v. Hogan
(1964) which applied the privilege against self–incrimination to state criminal proceedings and Escobedo v. Illinois (1964) which allowed consultation
with an attorney about the privilege against self–incrimination" (Anonymous, 2004). However, prior to this decision, law enforcement officials did not
have to ensure that criminal suspects were aware of their rights prior to engaging in an interrogation. In the underlying case, Ernesto Miranda was
arrested for the kidnapping and rape of a woman. After two hours of police interrogation, he signed a written confession. Miranda was never informed
of his right to council, his right to remain silent, or of the fact that statements he made could be used against him. Miranda's attorney attempted to have
his confession excluded at trial, but the trial court allowed the confession and Miranda was subsequently convicted of rape and kidnapping. Miranda
appealed the decision to the Arizona Supreme Court, which affirmed, based on the notion that Miranda had not sought out an attorney. The U.S.
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Court Case : Miranda V. Arizona
Court Case: Miranda v. Arizona
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Introduction: In the case Miranda vs. Arizona. This case goes against the 5th and 6th amendments. Miranda says that the police had violated his 5th
Amendment right to remain silent and his 6th Amendment right to legal counsel. Miranda addressed the Escobedo rule which states evidence obtained
from an illegally obtained confession is inadmissible in court. Also addressed was the Gideon rule which states all felony defendants have the right to
attorney. But the police say that Miranda completely voluntarily signed the confession. Background: This case had to do with Ernesto Miranda v.
Arizona. Miranda was in interrogation with the police and he was not told about his rights to remain silent and the right to counsel. Even though he was
not informed of his rights he still signed a confession saying that what he said what he said to the police in the interrogation was completely voluntary.
On the top of each page was the statement, "I, Ernesto A. Miranda, do hereby swear that I make this statement voluntarily and of my own free will, with
no threats, coercion, or promises of immunity, and with full knowledge of my legal rights, understanding any statement I make may be used against
me." He was not fully acknowledged of his rights until 1:30 when he was signing his confession after a two hour long interrogation. This case
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17th Century Sheriffs
By the 17th century, northern colonies formed a system which took inspiration from English policing. At the time, the sheriff was the highest form of a
law enforcement official. Sheriffs started out having many jobs which include collecting taxes and supervised elections. Despite having many jobs,
sheriffs were not paid a salary (but were paid fees with each arrest) and stayed inside their office. In cities, town marshals were the main law
enforcement officers. They were given help by constables and night watchmen. In 1631, the first night watch was created by the city of Boston. They
formed a constable position in 1634. In the south, there was little law and order, and was the responsibility of a citizen.
The South: Slave Patrols and Codes ... Show more content on Helpwriting.net ...
If a crime spree occurred they used a practice called the "posse comitatus, which means "power of the country". This law meant that no man above the
of 15 could refuse to serve as a member of a legally constituted posse. The posse is similar to vigilantism, which was popular in the Old West due to
lack of professional law enforcement. The Federal Judiciary Act of 1789, was created the office of the U.S. marshal and gave the marshals power to call
upon the militia for assistance, a power which was made possible by the federal posse comitatus legislation in 1792. In 1861, Congress passed a law
empowering the president to call upon the militia or regular army to enhance law enforcement when it was extremely needed. In 1879, Congress passed
the Posse Comitatus Act, forbidding the use of the military to enforce civilian law except where specifically authorized by law. The use of military in
the Old West stopped near the end of the 19th century. In 1823, Stephen Austin hired bodyguards to protect fellow "Texicans" from Native Americans
and Bandits. They were named the Texas Rangers in 1835. In 1845, Texas Rangers became the first U.S. state police agency when Texas was admitted
to the Union. Scotland native and former detective, Allan Pinkerton, created a detective agency in Chicago in 1850. By, the 1880s, his national detective
agency had offices in nearly two dozen cities.
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What Was The Role Of The Federal Government In The 1960's
Throughout the 1950s and 1960s, the U.S. federal government took several actions both at home and abroad that many Americans didn't always feel
were justified, and didn't agree with. One of these changes made in the U.S. dealt with the legal system, and the rights given to those charged with
serious crimes. Chief Justice Earl Warren, whose goal was to extend individual rights, led this movement. Through a series of court cases– Gideon v.
Wainwright, Escobedo v. Illinois, Miranda v. Arizona– new rights of people accused of crimes were established. These included the right for the
accused to have a lawyer to be present during a police investigation, a lawyer to be provided to those who couldn't afford one, and those accused had to
be informed
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Miranda V. Arizona Case
Introduction The United States Constitution is the framework of our legal system. It provides its citizens undeniable rights, and federal and state
substantive and procedural laws must be obeyed while not conflicting with the citizens' rights in the Constitution. Among these rights are the 5th and
6th amendments. The 5th amendment states that a person has the right to a grand jury and cannot be tried twice for the same crime. The 5th amendment
further states that person cannot be the witness of his/her own crime (U.S. Const. Amend. V). The 6th amendment is related to the rights of criminal
defendants. The 6th amendment guarantees criminal defendants with the right to a public trial, the right to a lawyer, and the right to know the charges
and evidence against them (U.S. Const. Amend. VI). The case, Miranda v. Arizona (1996), changed the course of history by determining appropriate
police conduct. This appropriate police conduct has been set as the norm, which is still being used today. This process is referred to as reading the
arrested their Miranda rights. This research paper examines the facts and significance of the Miranda v. Arizona case and how it affected the Supreme
Court, law enforcement, and judicial system. Case Background ... Show more content on Helpwriting.net ...
Arizona. These cases, which are Mapp v. Ohio (1961), Gideon v. Wainweight (1963), and Escobedo v. Illinois (1964), helped the Court to set the bases
of the "fundamental of fairness" standard. The "fundamental of fairness" standard, which is also known as the "due process", states that all court
proceedings must treat all citizens fairly in order for the rulings to be effective. The Miranda v. Arizona case further broadened the requirements in the
"fundamental of fairness" standard and clearly defined the right of the accused. Therefore, it is one of the most important cases in establishing the
proper conduct for law enforcement and criminal justice
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Essay on The Use of Deceptive Interrogation
People face ethical dilemmas every day. But it is perhaps, most prevalent in the law enforcement profession. Law enforcement officers face ethical
dilemmas constantly. Some of the ethical issues that police face each day are: racial profiling, officer discretion, police officer loyalty, police officer
abuse, and interrogatory deception. This paper will discuss the purpose of interrogatory deception, ways in which it is used, some of the current debates
over the practice, and a landmark ruling in the Miranda case of 1966 which attempted to cease the use of intimidation and coercion practices of the
police.
The first thing that should be thought about prior to any form of interrogation is the suspect's rights; particularly his or her ... Show more content on
Helpwriting.net ...
A different viewpoint might be to get the suspect talking and keep him or her talking. The problem arises when an officer sits down with a suspect in an
attempt to gain the truth or a confession; however, the suspect refuses to cooperate.
So how can an officer facilitate the process and get a suspect to talk or even better, confess? Years ago this was accomplished by police through the use
of force also known as police brutality. That practice has been abandoned due to its inhumane and brutal nature and its infringement of individual
rights. Police were forced to seek an alternate means of obtaining information that did not rely on inhumane practices. This turnaround came in the
form of trickery and deceit; called interrogatory deception. This type of psychological coercion is taught and practiced daily by today's law
enforcement. It is based on the utilitarian standpoint by police that the means justifies the outcome. This type of interrogation is performed in a way
"which elicits admissions by deceiving suspects who have waived their right to remain silent" (Skolnick & Leo, 1992). For example, an officer could
say that it will be easier on the suspect if he talks. An officer could even say that the suspect's accomplice is giving or has given officers all the
information. The ethical issue then arises about coercion and deception. Should this practice be considered ethical? Should an officer
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Essay on The Fifth Amendment and Miranda v. Arizona
"You have the right to remain silent. Anything you say can and will be used against you in a court of law. You have the right to an attorney...this is what
you hear on all your favorite cop shows. But, where did this saying come from? In 1963 Ernesto Miranda a ninth grade dropout (PBS) was arrested and
charged with kidnaping, rape, and armed robbery. The police interrogated him for two hours. During the question Miranda supposedly admitted to all
the crimes. The police then used Miranda's confession to convict him in court. While in prison Miranda appealed his case and eventually brought it to
the Supreme Court. The court ruled five to four in favor of Miranda. The Supreme Court was correct in their ruling of Miranda v. Arizona, because ...
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These rights are derived directly from the constitution. While it doesn't say exactly that, it is what the Justices determined it meant, which is their job
according to the constitution.
Ernesto Miranda's written confession confession included a signed statement saying that he had a full understanding of his fifth amendment rights.
Miranda argued that he was never told his rights nor did he understand them. In the fifth amendment of the United States constitution it says that an
accused person cannot be forced to witness against their self, also the sixth amendment states that the accused shall have the assistance of counsel for
his defense. Miranda claimed that he neither knew his fifth amendment right to remain silent or his right to have a lawyer present during questioning.
He argued that a suspect who didn't have any prior knowledge of his rights would feel pressured to answer all the questions posed by the interrogators.
They used his written testimony to convict Miranda. Since Miranda didn't know he didn't have to answer all the questions, his confession wasn't
voluntary (alavardohistory). Therefore since it wasn't voluntary he was forced to "witness" against himself. As a result the actions of the police violated
the fifth amendment.
Miranda did not have a lawyer present during his interrogation. There was no indication of whether he asked for one or not, but we can assume that he
didn't know he
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Miranda vs. Arizona Essay
Miranda vs. Arizona:
This case had to do with an Ernest Miranda who raped a Patty McGee*. After extracting a written confession from the rapist about the situation,
Miranda's lawyer argued that it was not valid since the Phoenix Police Department failed to read Miranda his rights, also in violation of the Sixth
Amendment which is the right to counsel. Some factors that helped support Miranda's arguments were that the suspect had requested and been denied
an opportunity to consult with a lawyer; the suspect had not been effectively warned about his right to remain silent; and an incriminating statement
must have been given by the suspect. The author of the Arizona court's decision, former U.S. Senator and ... Show more content on Helpwriting.net ...
That day, the justices honed in on the Fifth Amendment aspects of the case, which pleased John Flynn to no end. The last man to present a position in
the case before the court was Thurgood Marshall, whose personal opinions were diametrically opposed to the position of his employer, the U.S.
government.
Once the arguments were done, there was nothing left to do but wait as the justices debated the issue among themselves and issued a written opinion,
probably in four or five months. The traditional process called for the justices to listen to oral arguments on Monday through Thursday, then to take
preliminary votes and assign opinion authorships during a private meeting – again attended only by the justices – on Friday. Based on the political
makeup of the Supreme Court in the spring of 1966, it was widely speculated that a majority would come down in some form on the side of Ernest
Miranda.
In the decision, Flynn, Frank and especially Ernest Miranda won hands–down.
"The prosecution may not use statements, whether exculpatory or inculpatory, stemming from questioning initiated by law enforcement officers after a
person has been taken into custody or otherwise
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Summary Of Miranda V. Arizona
A) Case Name and Citation Miranda v. Arizona 384 U.S. 436 (1966) B) Summary of the Facts Ernesto Miranda was arrested for kidnapping and raping
a woman. As a result, Miranda was interrogated and eventually confessed to committing the crime. This confession was then in turn used against him
during trial, which lead to him being found guilty. C) Statement of the Issue(s) The legal question in which the U.S. Supreme Court resolved in this
case was whether or not statements made by an individual under custodial police interrogation are admissible against him. Additionally, the focus was
also placed on the issue of whether procedures that assure the individual is granted his privilege (5th Amendment) not to be compelled to incriminate
himself ... Show more content on Helpwriting.net ...
Of these are: To highlight the isolation and unfamiliar surroundings, the manuals instruct the police to display an air of confidence in the suspect's guilt
and from outward appearance to maintain only an interest in confirming certain details (2). Such tactics are perfectly established to strip an individual
of his innocence and make him give a confession thus incriminating one's self. Therefore, such practice of interrogation and the secrecy it entails, is
drastically contradicting in nature with the constitution, in that an individual may not be compelled to incriminate one's self. U.S. Supreme Court's main
concern can be seen in their conclusion regarding the process on in–custody interrogation. Due to the fact that such a process entails pressures that
work to undermine an individual's will to resist and to compel him to speak where he would not otherwise do so freely (3), was a main concern of the
Supreme
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Evolution Of The Supreme Court Case
The Constitution is a living, breathing document, so it evolves and develops over time. Looking at key court cases from the past, the evolution of the
right can be analyzed further, but first let us come back to Chief Justice John Marshall's words about how third parties in all fundamental fairness can
claim the right to "plead the fifth," and use the self–incrimination clause, while keeping in regard the actions of others, and not just themselves. What he
said was used in both the Marbury v. Madison case of 1803, and in the treason case of Aaron Burr. However, this practice is no longer allowed, because
"pleading the fifth" has been reinterpreted to protect only oneself.
Moreover, the common phrase "You have the right to remain silent. Anything ... Show more content on Helpwriting.net ...
Arizona, 1996, that involved the theft of eight dollars and a twenty year prison sentence, extending this right to U.S citizens in a fundamental manner.
This Supreme Court case brought change to the term "pleading the fifth" and getting a fair trial, helping to shape modern judicial law as we know it.
The controversy of the case that made it such an evolutionary landmark, was the fact that the main suspect, Ernesto Miranda confessed that he had
raped and kidnapped a woman and committed an armed robbery after intense interrogation after being arrested, violating his Fifth Amendment rights.
However, Miranda was neither informed of his rights nor told he could ask for an attorney to be present during questioning nor that he could remain
silent. The police questioned him for two hours which resulted in a signed, written confession. After the 20–30 years of imprisonment on each count,
the Supreme Court of Arizona, on appeal according to United States courts website, the court ruled that Miranda's constitutional rights were not
violated. The Supreme Court eventually ended up ruling that his confession was not admissible in court. It led them to conclude that law enforcement
officials must create safeguards to protect the rights of a questioned individual. Furthermore, according to the Revolutionary War and Beyond website,
the ruling Chief Justice Earl Warren said in his
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Escobedo V. Illinois Case Study
Escobedo v. Illinois Monsees,
Escobedo v. Illinois: Right to seek counsel
Mark Monsees
Liberty High School
AP – Government
3A/B
The right to consult a lawyer when being questioned by the police is a very important right as it could potentially save an individual from being
convicted for whatever he or she has been accused of. This case was centered on Danny Escobedo who was taken into custody by the Chicago police
department on January 20th, 1964, for the shooting of his brother–in–law. During Escobedo?s interrogation he continuously asked to consult with his
lawyer. The authorities in charge of Escobedos interrogation refused to provide a lawyer for Escobedo, which ultimately ended up with him confessing
to the murder of his brother in law. Being forced into confessing to the murder of his brother in law drove Escobedo to take his case to the supreme
court under the premise that his sixth amendment right of right to counsel, which didn?t apply constitutional to felony offences until the 1963 supreme
court case Gideon v. Wainwright. (Gideon v. Wainwright. (n.d.). Oyez. Retrieved January 9, 2016, from https://www.oyez.org/cases/1962/155) The
Sixth Amendment of the U.S. Constitution gives everyone the right to counsel, which essentially means that the accused party has the right to consult a
lawyer during interrogation. This idea was used as the main argument for Escobedo?s court case along with the Supreme Court case Gideon v.
Wainwright 1963. This court case center around Clarence Earl Gideon who was charged with a felony after ... Show more content on Helpwriting.net ...
Illinois." LII / Legal Information Institute. Cornell University Law School, 2015 Web. 07 Dec. 2015.
"Sixth Amendment." LII / Legal Information Institute. Cornell University Law School, 2015 Web. 07 Dec. 2015. "Gideon v. Wainwright." Oyez.org.
IIT Chicago–Kent College of Law, 2015 Web. 07 Dec. 2015.
"The Fourth Amendment." (2015): n. Www.gpo.gov. 2015. Web. 8 Dec. 2015.ec.
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Due Process and Crime Control
The Warren Court left an unprecedented legacy of judicial activism in the area of civil rights law as well as in the area of civil liberties–specifically, the
rights of the accused as addressed in Amendments 4 through 8. In the period from 1961 to 1969, the Warren Court examined almost every aspect of the
criminal justice system in the United States, using the 14th Amendment to extend constitutional protections to all courts in every State. This process
became known as the "nationalization" of the Bill of Rights. During those years, cases concerning the right to legal counsel, confessions, searches, and
the treatment of juvenile criminals all appeared on the Court's docket.
The Warren Court's began with the case of Mapp v. Ohio, which was ... Show more content on Helpwriting.net ...
He signed the confession willingly. The prosecution was proper, his conviction was based on Arizona law, and his imprisonment was just. The Supreme
Court should uphold his conviction and should not further cripple the work of police.
By a 5–4 margin, the Court voted to overturn Miranda's conviction. Chief Justice Warren declared that the burden is upon the State to demonstrate that
"procedural safeguards effective to secure the privilege against self–incrimination" are followed. The current practice of 'incommunicado' interrogation
is that the individual may not be compelled to incriminate himself.
Warren then summarized the case, measuring it against the "fundamental fairness" standards the Court had established. "It is clear," he wrote, "that
Miranda was not in any way apprised of his right to consult with an attorney and to have one present during the interrogation, nor was his right not to
be compelled to incriminate himself effectively protected in any other manner. Without these warnings [his] statements were inadmissible. The mere
fact that he signed a statement which contained a typed–in clause stating that he had 'full knowledge' of his 'legal rights' does not approach the knowing
and intelligent waiver required to relinquish constitutional rights."
Turning to the standard for a valid waiver of rights, Warren wrote: "A valid waiver will not be presumed simply from the silence of the accused after
warnings are
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The Rights Of The Criminal Justice System
In order to maintain the rights of its citizens, our Country established the Miranda system in order to protect the rights of individuals who go through
the Criminal Justice System. Prior to the Miranda system, individuals did not receive a fair trial considering that some were forced to plead guilty for a
crime that they did not commit. It wasn't until 1964 that the Supreme Court realized that the accused rights should be protected during an interrogation.
Miranda was a step forward in order to protect our rights as citizens, and has evolved over time in order to prevent an unlawful confession. The Fifth
amendment in the United States Constitution protects from self–incrimination. According to Gaines and Miller, "A defendant cannot be required to
provide information about his or her own criminal activity"(Gaines and Miller, p.234). In the early years of our Criminal Justice system, our
government had taken very little initiative to protect our fundamental right that we would be protected from self–incrimination. However, in 1964, the
Supreme Court received a case that led to the Miranda Decision. Escobedo v. Illinois set the stage for Miranda and impacted how the criminal justice
system would prosecute offenders. Escobedo v. Illinois, consisted of a "convicted murderer who had incriminated himself... Police officers ignored the
defendant 's request to speak with his lawyer"(Gaines and Miller, p.234). Also, "Miranda was not informed of his rights prior to the police
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Mirandan V Confessions
If an officer does not read a defendant's rights to him or her prior to obtaining a confession, then it is possible that the given statement could be
inadmissible in court. There is nothing than can be done if felon waives his rights, and if a statement has to be given within a six hour time–frame upon
incarceration. In Miranda v. Arizona (1966), when a person is in confinement, he or she has be informed of their privileges. Suspects are to be told that
they need to not say anything due to the fact that their confessions may be useful to indicate their fault when it comes time for their trial. It is up to the
suspects to determine if they want an attorney; furthermore, one can be provided if a felon cannot afford one. There are repercussions when an officer
fails to read a suspect his or her rights. It just depends on the circumstances when the confession took place. If an offender voluntarily admits to
anything before his or her rights were read, there is nothing that can be done to the officer. The "United States (U.S.) Supreme Court acknowledged
statements may be much more questionable when they are trusted when getting a "confession" (Hall, 2015). Hall (2015) states, "The Court stated, in
Esobedo v. Illinois (1964), that a "'system of criminal law enforcement which comes to depend on the ''confession'' will, in the long run, be less reliable
and more subject to abuse than a system which depends on extrinsic evidence independently" obtained through other law enforcement
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The Constitution Of The United States
The Constitution of the United States has governed this country for over 200 years. The Bill of Rights, also known has the first Ten Amendments of the
Constitution, has protected the unalienable rights of citizens in the United State. Selective incorporation was used in order to nationalize the Bill of
Rights and protect the immunities, rights, and privileges of all United States citizens within the states. The success of Selective Incorporation, along
with the 14th Amendment, ensured that states could not put in place any laws that took away the constitutional rights of American citizens that are
preserved in the Bill of Rights. Although the 14th Amendment was not taken seriously for almost a century, the Selective Incorporation process ... Show
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The Fourteenth Amendment prevented the states from limiting the rights granted to citizens in the Constitution and did not allow the states to enforce
their own law. This amendment was nationalized through a process of Selective Incorporation. The purpose of Selective Incorporation was to, not only
nationalize the Bill of Rights, but to also protect the immunities, rights, and privileges of all United States citizens. The first eight amendments were
'selected' and 'incorporated' into the Fourteenth Amendment, and through the Fourteenth Amendment, these amendments were nationalized. Through
several court cases and rulings, the Bill of Rights were brought into the national spotlight and became protected by the Fourteenth Amendment, which
was ratified into the Constitution in 1868. The confusion of whether or not the Bill of Rights applied to solely the National Government began with the
Supreme Court ruling in 1833, Barron v. Baltimore, saying that the Bill of Rights only applied on a national level when dealing with governments and
did not apply to the states. The ruling of this Supreme Court case was used in order to urge the adoption of the Fourteenth Amendment. In the
concluding ruling, it was "declared that its 'privileges and immunities' clause included 'the personal rights guaranteed and secured by the first eight
amendments to
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Rosenberg, Epp, and Miranda: Implementation of Supreme...
On the surface, it seems that determining how much power courts have would be a simple task. However, history has proven this to be false. The courts
have been viewed in many different ways through out the history of our country. There are three common views of court power that are important for
modern scholars of the court system. Those who believe courts have little power to cause social change are said to adhere to the Constrained Court
view. Those who believe courts have a great deal of power to cause social change are said to adhere to the Dynamic Court view. The final, and
youngest, take on court power combines aspects of the Constrained and Dynamic views into what I shall call the Condition Dependent Court view of
power. ... Show more content on Helpwriting.net ...
Gerald N. Rosenberg discusses the three views on the power of courts to cause social change, as well as the Miranda decision, in his popular and
provoking book, The Hollow Hope: Can Courts Bring About Social Change? Rosenberg examines the underlying beliefs and theories for each of the
views, as well as the problems one can encounter with both the constrained and dynamic views of the courts. It is from these problems that Rosenberg
creates the Condition Dependent view of court power. To understand Rosenberg's argument about the power of courts to cause change, it is important to
understand the two other models of court power which Rosenberg synthesizes. Those who advocate the Constrained Court view believe that there are
three constraints which prevent courts from causing social change. First, "[t]he bounded nature of constitutional rights prevents courts from hearing or
effectively acting on many significant social reform claims, and lessens the changes of popular mobilization" (Rosenberg 13). This restraint is caused
by several factors. First, the Supreme Court does not get to issue a ruling on which ever issue it wants. A case must work its way through the system.
Second, judges must be concerned with the legal system as a whole, and thus seek to create stability and predictability. Third, there are rules regarding
the ability of parties to bring a case before the
... Get more on HelpWriting.net ...
Warren: The Best Chief Justice
After Felix Frankfurter retired in 1962, and after first Arthur Goldberg and then Abe Fortas succeeded the long–time justice, Warren found himself in
the majority of a number of equal justice cases. These included, Loving v. Virginia, Harper v. Virginia Board of Elections, James v. Maryland, Escobedo
v. Illinois, and Miranda v. Arizona. In the 1960s and 70s, a number of commentators regarded Earl Warren as one of the greatest justices ever on the
U.S. Supreme Court. Maybe, some contended, such as Associate Justice Thurgood Marshall, that he was the best chief justice we ever had (Belknap,
2005). But, in March, 1966, Warren turned 75. Two years later, in June, 1968, he informed President Johnson, first in person and then by letter, that he
... Get more on HelpWriting.net ...
The Industrial Revolution was a great time of growth in...
The Industrial Revolution was a great time of growth in the United States. During this time in North America the eastern side of the United States is
becoming overcrowded and people begin to set off in search for new land and a fresh start. Several factor contributed to both the rise and fall of
railroads in the United States from the spread of westward expansion, to farmers need to stay connected to the rest of the nation, and to the start of
railroad regulations agencies.
In the 19th century the eastern part of North America began to become overcrowded with immigrants as well as from natural growth. This marked the
time in America's history for westward expansion and westward development. Thousands of Americans flocked to the so called ... Show more content
on Helpwriting.net ...
These farmers rely heavily on railroads to transport their crops from the frontier to be sold. Everything depended on the railroads without them many
farmers would not get the tools they needed to provide for their families and the nation would have been disconnected. This gave the railroad
companies total control of the nation's wealth and also power. They controlled everything from the price they shipped items at to which town they built
stations at. They would even make cities bid or get special favors to the company that built stations at the town, near the town, or even just around
them. As depicted in "the American Frankenstein by Frank Bellew" railroad companies became monsters they corrupted government officials, they
bribed, and they even rigged elections for their good. It seemed like there was no way to stop these monsters from taking control of the wealth of the
nation as well as the power. With no regulations to stop them it seems as if there was no end in sight.
Farmers begin getting restless of the railroad monopolies; they demand the government to take action. The farmers wear in dire straits being charged
exorbitant fees to ship the goods was that in turn meant little profit going towards their families. They had no choice but to pay these fees because they
had no other way to transport their goods due to where they lived. The first attempt to take down the monsters was through the creation of the "Granger
laws" the
... Get more on HelpWriting.net ...
Law Enforcement in the 21st Century
Law Enforcement in a Democratic Society cha pt er 1
ISBN 0–558–46766–0 Law Enforcement in the 21 Century, Second Edition, by Heath B. Grant and Karen J. Terry. Published by Allyn & Bacon.
Copyright © 2008 by Pearson Education, Inc. st Chapter Out line
INTRODUCTION The Themes of the Book The Police Function: Social Control and the Use of Force Policing Within the Rule of Law: The
Challenges of Discretion The Delicate Balance: Crime Control versus Due Process The Levels of Law Enforcement
Municipal Agencies County Agencies State Agencies Federal Agencies Department of Justice Department of Homeland Security Department of the
Treasury U.S. Postal Service Tribal Agencies
Chapter Objectives
● Describe the concept of linkage blindness and ... Show more content on Helpwriting.net ...
Grant and Karen J. Terry. Published by Allyn & Bacon. Copyright © 2008 by Pearson Education, Inc. st Introduction
5
agency. Given the complexity of both the intelligence and law enforcement communities and their many overlapping jurisdictions, it was inevitable that
key information would slip through the cracks between agencies. The inability to analyze and link critical information across (or even within an
agency) is referred to as linkage blindness and will be a major theme throughout this book. In part, the Homeland Security Act of 2002, the USA
PATRIOT Act of 2001, and its reauthorization in 2005 were executive and legislative responses to the problem of linkage blindness by organizing
diffuse and autonomous law enforcement agencies and strengthening the government's abilities to obtain information. Stephen Flynn (2001) provides a
useful illustration of this critical law enforcement problem, referring to the arrival of a hypothetical ship with questionable cargo and a crew on an
intelligence watch list for potential terrorist ties:
The Coast Guard would be likely to know about the scheduled arrival of a tanker carrying hazardous cargo. The Customs Service might have some
advance cargo manifest information. The INS might or might not know much about the crew, depending
... Get more on HelpWriting.net ...
Brown V. Board Of Education Case Study
Many people would say that the constitution is a living, breathing document. I agree with those people. Living people adapt to fit into today's society.
Our constitution is the same way because throughout history, our constitution has changed in order to meet the demands and views of today's society.
There are many moments in history that prove this to be true ,such as court cases.
One case that proves our earlier statement is Brown v. Board of Education. In this case, Oliver Brown attempted to enroll his child into an all white
school. His daughter was denied enrollment to this school. He decided to take action. Brown argued that while the schools are separate, they were not
equal and that this violated the 14th amendment. This battle was won. Some schools began to desegregate while others began violent protests which
required the National Guard to stop it. This decision changed education and the constitution. The constitution had to adapt to meet the needs, demands
and views of the people which is why this case is a perfect example of why the constitution is a living document. ... Show more content on
Helpwriting.net ...
Illinois. This case is a good example that proves that the constitution is living. In order to be living, the constitution must be enforced at all times. In
this case, Danny Escobedo was arrested and taken to a police station. The police denied his request to see his lawyer. He never spoke to his lawyer and
Escobedo confessed to murder. Escobedo was denied his right to counsel. This broke the 6th amendment of the constitution. Once again, the
constitution adapted. It began to be enforced that one has the right to remain to silent which shows that the constitution is a living, breathing
... Get more on HelpWriting.net ...
Civil Liberties And Civil Rights
Throughout history, society has pushed the envelope with civil liberties and civil rights by tackling Supreme Court decisions. The attempts to
manipulate civil rights and civil liberties occurred without a clear understanding of neither of the two. While civil rights and civil liberties regulate
collective action, they differ by providing freedoms from the government and by providing freedoms to act; their shift in history has been denoted by
racial and gender discrimination, nationalization, and rights of the accused. Civil liberties, as denoted in the Bill of Rights, had limited the government's
actions by providing "freedoms from" the government. Because the government could not take away the people's rights, the Bill of Rights listed "thou
shalt nots," which "limit[ed] its [the government's] jurisdiction" (Lowi pg. 107). A famous substantive limitation, or a restriction against what Congress
could do, was, and is, the establishment clause, or the separation between Church and State. As the first component of the First Amendment, the
establishment clause impedes the government's ability from establishing a national Church; consequently, due to religious persecution in England in the
1700's, the establishment clause serves to protect the citizens from the possible tyranny of religion by permitting the accommodation of all religions
through assistance and by not allowing the government to show "no favoritism". Therefore, the United States refers to God on "U.S. currency"
... Get more on HelpWriting.net ...
The Fifth Amendment's Influence on Miranda v. Arizona
"You have the right to remain silent. Anything you say can and will be used against you in a court of law. You have the right to an attorney...this is what
you hear on all your favorite cop shows. But, where did this saying come from? In 1963 Ernesto Miranda a ninth grade dropout (PBS) was arrested and
charged with kidnaping, rape, and armed robbery. The police interrogated him for two hours. During the question Miranda supposedly admitted to all
the crimes. The police then used Miranda's confession to convict him in court. While in prison Miranda appealed his case and eventually brought it to
the Supreme Court. The court ruled five to four in favor of Miranda. The Supreme Court was correct in their ruling of Miranda v. Arizona, because the
majority opinion correctly argued the fifth and sixth amendments. The dissenting opinion arguments regarding the fifth and sixth amendments were
incorrect and in other cases involving due process this amendment was abused. In similar cases the court ruled in favor of the defendant because he was
harmed during the interrogation process. The court argued that the case was not about whether Miranda was guilty of the charges or not (he obviously
confessed). Rather they argued that the case was about the way in which the interrogation was derived. The court's ruling was meant to deal with the
mistreatment of suspects by policemen during interrogation. Policemen are notorious for mistreating suspects in questioning (alovardohistory). Prior
... Get more on HelpWriting.net ...
Miranda V. Arizona Irac Case Brief
Facts:
Ernesto Miranda was arrested on March 13, 1963 in connection to a kidnapping and rape. Within a few hours of interrogation the police were able to
obtain a written confession; however, the officers never advised Miranda of his right to have an attorney present in the interrogation. The case was
brought to trial, due to this confession being admitted into evidence Miranda was found guilty and sentenced to 20 to 30 years imprisonment on each
count. It was brought to the Supreme Court of Arizona on appeal stated that Miranda's constitutional rights were never violated because he never
requested counsel. However, it was proven that Miranda was never informed of his rights; therefore, his statement was inadmissible to the court.
Procedural History:
The case brought other cases into view, cases ... Show more content on Helpwriting.net ...
In other words, can police officials interrogate a suspect without advising them of their rights and not violate their 5th Amendment rights.
Rule(s):
The Supreme Court of Arizona established the "bright line" rule which is meant to clearly define a rule that will leave little to no room for different
interpretation. In terms of this case the rule assisted in clarifying the fact that police must inform their suspects of their rights. Such as the right to
remain silent and if they choose to talk it will used against them in court. They have a right to an attorney and if they can't afford one then one will be
appointed for them.
Application:
The Court determined that the process of interrogation was intimidating enough and in order to counteract this feeling, the suspect must be read his
right. The suspect must be read his/her rights before being questioned; in addition, officer is not required to inform the suspect of their rights while
placing the suspect under arrest, under the condition that the officers don't interrogate the suspect in any way.
... Get more on HelpWriting.net ...
Supreme Court Cases Essay
Youngstown Sheet & Tube Co. vs. Sawyer Also commonly referred to as The Steel Seizure Case, it was a United States Supreme Court decision that
limited the power of the President of the United States to seize private property in the absence of either specifically enumerated authority under Article
Two of the US Constitution or statutory authority conferred on him by Congress. The Majority decision was that the President had no power to act
except in those cases expressly or implicitly authorized by the Constitution or an act of Congress. Marbury vs. Madison: A landmark case in United
States Law and the basis for the exercise of judicial review in the United States, ... Show more content on Helpwriting.net ...
Plessey boarded a car of the East Louisiana Railroad that was designated by whites for use by white patrons only. Although Plessey was one–eighth
black and seven–eighths white, under Louisiana state law he was classified as an African–American, and thus required to sit in the "colored" car. When
Plessey refused to leave the white car and move to the colored car, he was arrested and jailed. The Court rejected Plessey's arguments based on the
Thirteenth Amendment, seeing no way in which the Louisiana statute violated it. In addition, the majority of the Court rejected the view that the
Louisiana law implied any inferiority of blacks, in violation of the Fourteenth Amendment. Instead, it contended that the law separated the two races as
a matter of public policy. Smith v. Allwright: An important decision of the United States Supreme Court with regard to voting rights and, by extension,
racial desegregation. Lonnie E. Smith, a black voter in Texas, sued for the right to vote in a primary election being conducted by the Democratic Party.
The law he challenged allowed the party to enforce a rule requiring all voters in its primary to be white. At this point in history, the Republican Party
was so weak in the South that most Southern elections were decided by the outcome of the Democratic primary. Southern States claimed that the
Democratic Party was a private organization, while Smith said that the law in question essentially disenfranchised him by
... Get more on HelpWriting.net ...
Miranda V. Arizona
Miranda v. Arizona American Government This case is one that changed the way the United States Police forces will work forever. Every human in the
world has natural born rights. Even people who have been arrested have rights, 'The rights of the accused'. These rights are the main point of this court
case. 'On the third of March in 1963, an eighteen year old girl, "Lois Ann Jameson" (Sonneborn 6), was leaving Paramount Theaters in downtown
Phoenix' (Sonneborn 7). Jameson would always take the bus home and have to walk a short distance to her home. On this night, she would be walking
home and a car pulled up past her nearly hitting her. She continued walking not realizing that a man had gotten out and was running towards her. He
grabbed her ... Show more content on Helpwriting.net ...
"Nonetheless, detectives began questioning Miranda, and he signed a confession approximately two hours later."(Riley 11). Miranda was not
completely clear that he had the right to remain silent and also the right to an attorney even if he couldn't pay for one. That same afternoon, he was
taken to jail. And two days later he was taken to trial. Miranda was being charged with rape and robbery. Since he could not afford to pay for his own
lawyer, one was appointed. The lawyer assigned was Alvin Moore. Most court–appointed attorneys were usually young and paid poorly, but not in this
case. Moore was seventy–three years old and had forty years experience practicing law. Moore thought of using an insanity defense because of
Miranda's mental problems. But, because Miranda had been in and out of jail, it was decided that he knew right from wrong, so that would not work.
The trial went on. Moore realized that he didn't have much to work with. Being that the prosecution had a written confession signed by Miranda, Moore
knew there was not n=much that he could do to convince the jury. On June 19th, Miranda was on trial for robbery. It took only a few hours for him to
be convicted. The next day he went on trial for the rape of Lois Ann Jameson. The prosecution called four witnesses to testify. Among them were Lois
Ann Jameson, Sarah
... Get more on HelpWriting.net ...
Earl Warren's Due Process Model
Since the year 1953 until the year 1969, Earl Warren served as the fourteenth chief justice of the United States Supreme Court. Warren's span served
was noticeable because of frequent judgements that have changed United States decree and culture. While disapproved, Earl Warren is thought of as an
utmost chief. Under his supervision, the courts similarly wanted equivalence in unlawful fairness, ushering in an era of increased sensitivity to the
rights of the accused.
Chief Justice Earl Warren used the Due Process Model in order to make his decisions on these very important cases. These decisions have affected and
still continue to affect police procedures. Failure to follow such procedure may result in the suppression of evidence or the release of an arrested
suspect. Prohibition of unreasonable search and seizure is also a law that the law must stand by.
The Due Process Model requires that defendants have the right to call their own witnesses, mount their own evidence, and present ... Show more
content on Helpwriting.net ...
Within due process, offenders that are placed under arrest are hypothetical thought of as innocent until proven guilty. Within the crime control, it is said
that the offenders that are detained are guilty and punishment by the law is required.
Due process considers patrolling inside the criminal justice structure is critical to preserving integrity inside the social order. Being that it is currently in
effect in the United States because this model places an emphasis and priority upon the arrest, prosecution, and conviction of criminals. The crime
control model validates an attack on unlawful doings. The expression, "War on Crime" is debated by political figures plus officers on purposes to
classify, track, separate, and eventually eradicate unlawful components in the general
... Get more on HelpWriting.net ...
Importance Of Criminal Rights
Are criminals granted too many rights? Ever since the groundbreaking Supreme Court case of Gideon V. Wainwright in 1963, further rights have been
admitted to felons. Now, criminals can conveniently surpass the harsh rulings of the court and not be found guilty. Even though criminals should be
granted rights during trials, there have been unnecessary decisions passed giving more rights to the accused.
Before it can be determined whether criminals are granted an excess number of rights, the rights that the criminals are given must be examined. Felons
have the right to the Writ of Habeas Corpus. Habeas Corpus is the right for the accused to be brought in front of a judge to determine whether they are
truly guilty or not ("Habeas Corpus"). A criminal can now be held for a longer period of time until they are proven guilty while also be granted a fair
trial. Another right given to criminals is the trial by jury. This is the most important right granted to any felon as stated in Article III of the Constitution
and by the Sixth Amendment. People accused of crimes can now be tried in front of a panel of normal citizens. The next right given to the accused is
the right against self–incrimination. According to Cornell University, self–incrimination is defined as "the act of implicating oneself in a crime or
exposing oneself to criminal prosecution." The Fifth Amendment of the Constitution protects a person from being compelled to incriminate oneself.
Also termed self–crimination;
... Get more on HelpWriting.net ...
The Theft Of The Stolen Car Parts
1. (a) The presence of the stolen car parts can be used as a basis to get a search warrant for Dan's property because the officers had probable cause to
believe the there was evidence of a crime to be found at Dan's property. A search warrant may be issued for any of the following, the evidence was of a
crime, the car parts are instruments of designed for use, intended for use, and used in committing the crime, they are also contraband, fruits of crime,
and items illegally possessed. On the other hand, based on the exclusionary rule, a law that prohibits the use of illegally obtained evidence in a criminal
trial, applies to evidence gained from an unreasonable search or seizure in violation of the 4th amendment also seen in Mapp v. Ohio 1961 case.
(b)The information provided by Cindy can be used as the basis for obtaining a search warrant because there was probable cause to believe that evidence
of a crime will be found at Dan's property where the search should take place in. The affidavit for the search warrant will consist of the following
information; the observation of the crime was done by the detective. The detective got a visual of the stolen car parts illegally, however, under the
"independent source" if you obtain a fact illegally originally then obtain the fact through legal means it may be used. The detective searched the land
behind Dan's property illegally but the next day an informant, Cindy, legally inform the detective that Dan has stolen car parts on his
... Get more on HelpWriting.net ...
Miranda Rights in Our Legal System Essay
Does the Miranda Rights benefit the defendant too much where as the courts throw out voluntary confessions? The Fifth Amendment clearly states "No
person shall be held to answer for a capital, or otherwise infamous crime, unless on a presentment or indictment of a Grand Jury, except in cases arising
in the land or naval forces, or in the Militia. (U.S Constitution Fifth Amendment) When arresting citizens, officers must inform the individual of his or
her rights or the statement that was said will be disregarded in the court of law. (U.S. Gov Info/Miranda: Right of Silence) These rights are called
Miranda rights which protect citizens of the U.S. from self incrimination. (See cases Miranda v Arizona, Dickerson v United States and Escobedo ...
Show more content on Helpwriting.net ...
Cassell also states that crime has increase after the Miranda laws were inforced from the years 1950–1965 he says "police officers solve crimes about
60% of the time but fell dramatically." According to Cassell about 70,000 cases each year become unsolved because of Miranda and criminals are set
free to commit crimes again. The two court cases that still has litigation over till this day is the Dickerson v. United States, 530 U.S. 428 (2000) and
Miranda v Arizona, 384 U.S. 436 (1966) The problem or issue is that when is a statement from a defendant coerced or voluntary? One of the things that
produce the Miranda rule was the difficulty of determining whether a statement is voluntary or coerced. Stephen Sharpio says that "the courts were
required to look at whole range of factors to decide whether or not the confession was voluntary." The courts say that "they will continue to look for the
truth in all cases and give juries all reliable evidence to make the decision." Here are two key cases that shocked the world in their reversed decisions to
throw out confessional evidence and to give a new trial. Miranda v Arizona, 384 U.S. 436 (1966 )In the Miranda v Arizona case the defendant made
statements in custodial interrogation that violated his Fifth and Sixth Amendment Rights. The defendant wasn't told his rights and
... Get more on HelpWriting.net ...
How the Earl Warren Court Liberalized America Essay
The Warren Court refers to the Supreme Court of the United States between 1953 and 1969, when Earl Warren served as Chief Justice. Warren led a
liberal majority that used judicial power in dramatic fashion, to the consternation of conservative opponents. The Warren Court expanded civil rights,
civil liberties, judicial power, and the federal power in dramatic ways. One way the Warren Court liberalized America, is through the court cases of
Gideon v. Wainwright (1963), Escobedo v. Illinois (1964), and Miranda v. Arizona (1966), where these court cases helped define Due Process and the
rights of defendants. Another way the Warren Court liberalized America, is through the cases of Tinker v. Des Moines ISD (1969), Engle v. Vitale
(1962), and ... Show more content on Helpwriting.net ...
The issue of Tinker v. Des Moines ISD was that students were to wear black arm bands to school in protest of the Vietnam War; however the school
warned that anyone wearing the armbands would be would be suspended, but the Tinker children wore their armbands to school (they were the only
ones of the group to do so) and were suspended leading to Mr. and Mrs. Tinker filing a law suit claiming that the school violated the children's right to
freedom of speech and expression. The court ruled against the school district saying that "students do not shed their constitutional rights at the school
house gates. In doing so the court protected what has come to be known as "symbolic speech." In the case of Engle v. Vitale, the Supreme Court ruled
that prayers in schools were considered unconstitutional, leading to a ban of all prayers led by teachers in school, even if the prayer was considered
voluntary, stating, in a way, that there was some sort of "separation of church and state" which is not true. Lastly, New York Times v. Sullivan focused
more on the freedom of the press, ruling that "actual malice" must be proven to support a finding of libel against a public figure. Finally, the Warren
Court liberalized America in a dramatic way, since that it focused more on the right to privacy, the incorporation of the
... Get more on HelpWriting.net ...
Questions and Answers on Criminal Procedure
1. Does the information included in the warrant application amount to Probable Cause? Why or why not? Probably not. This would be defined as an
anticipatory search warrant, but the information provided by the confidential informant includes statements that are mostly vague: Dory was "planning
to sell" Golden Starfish within an open–ended date, she "probably will deliver" the stolen merchandise at some point, and she "usually rents a room" at
the specific hotel named. None of this qualifies as reliable recent information as to criminal activity; as for proposed or future criminal activity, there
are not sufficient facts here to indicate an event that would be sufficient to qualify as a "triggering condition". According to the US Supreme Court's
decision in U.S. v Grubbs (2006), what is required in an anticipatory search warrant is a triggering condition that would permit the execution of the
warrant on the fair probability that contraband would be discovered if the search were executed no such condition appears to be included here, when the
best that is offered for a "triggering condition" is that Dory has rented a room. The fact that the detective overheard mention of the Golden Starfish
through the door is irrelevant to the establishment of probable cause for the warrant, though. 2. Of what significance, if any, is the two–week period for
serving the warrant? Ordinarily a search warrant cannot be served if "stale" information is included in the search warrant
... Get more on HelpWriting.net ...

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Political Message In The Film Dirty Harry, By Don Siegel

  • 1. Political Message In The Film Dirty Harry, By Don Siegel Film is an art form that has the power to influence its audience by creating impactful messages. Don Siegel cunningly and cleverly utilizes film grammar and the mise–en–scene to promote a conservative political message in his 1971 film, Dirty Harry. There are many opinions on the film Dirty Harry and its controversial political message. Some believe that the film is a visual embodiment of how the Warren Court went too far in regulating the way police officials do their jobs. In my opinion Scorpio, Dirty Harry's deadly adversary, engages in criminal behavior throughout the film that contributes greatly in establishing and promoting this message. Scorpio's actions and statements in several scenes throughout Dirty Harry, demonstrate how criminals can exploit the civil ... Show more content on Helpwriting.net ... The two court case rulings were made by the United States Supreme Court under chief justice Earl Warren. The first being Escobedo v. Illinois 1964, which essentially gave suspects a Sixth Amendment right to the assistance of counsel. The second being Miranda v. Arizona 1966, which held that statements obtained through interrogation were valid only so long as it could be demonstrated that the suspect had willingly waved his fifth amendment right not to incriminate his self. These Warren court rulings, and Callahan's disobedience to modern law, combine to ensure that the evidence against Scorpio is inadmissible and consequently he can go free. First, Callahan illegally searches the football stadium because he didn't have a warrant. Second, he interrogates Scorpio without reading him his Miranda rights. Lastly, he tortures a confession out of Scorpio. Thus, the case against Scorpio was invalidated. Scorpio, a criminal, was protected by the very legal sanctions, which were set up to promote ... Get more on HelpWriting.net ...
  • 2.
  • 3. Iss 225 John Molloy Final Exam Study Guide Fall Semester 2012 `ISS 225: POWER, AUTHORITY & EXCHANGE Study Guide, Final Exam, Fall 2012 Unit IV: Courts and Civil Liberties Professor Molloy The final exam will be given in the regular classroom 109 South Kedzie Hall Section 001 will take its final on Monday, Dec. 10 from 7:45–9:45 a.m. Section 002 will take its test on Monday, Dec. 10 from 12:45 – 2:45 p.m. The classroom is not large enough to accommodate two large sections, so you must take the exam when it is scheduled by the university. The final will cover all reading assignments indicated on the course outline for Unit IV: all of Molloy book, Landmarks in Liberty; Chapter 6 in Politics, Power and Authority and lecture materials presented November 5th –December 6th. ... Show more content on Helpwriting.net ... What is a writ of certiorari? A common law writ issued by a superior court to one of inferior jurisdiction demanding the record of a particular case. What is the primary role of the U.S. Court of Appeals? To hear and dispose of the vast majority of cases appealed from the district courts. What are U.S. District Courts? General trial courts of the united states federal court system that hears both civil and criminal cases. When would a Federal District Court have jurisdiction in a case? If a case involved crimes against the united states, suits under national laws involving use of the mails, patent, copyright, trademark and other such technical matters and civil rights laws. What is the difference between a "petit" and a "grand" jury? Petit juries have 12 members who decide, based on evidence, if the defendant is guilty or not guilty. Grand juries indict people. Its functions is to decide if the government has a case or not. How are they chosen? Through a jury pool from those serving jury duty. What are their respective functions? To decide if the government has a case, and to decide if the defendant is guilty or not guilty. Also if a person has won or lost a lawsuit. How do cases reach the U.S. Supreme Court? Through appellate and original jurisdiction. Mostly from appeals though sent from the court of appeals. Under what limited circumstances may the U.S. Supreme Court exercise original jurisdiction? When it accepts a suit if it feels a compelling ... Get more on HelpWriting.net ...
  • 4.
  • 5. Miranda V Arizona Miranda v. Arizona: Half a Century Later by: September 2nd, 2014 I. INTRODUCTION A. Executive Summary – In 1966, the U.S. Supreme Court deliberated the case Miranda v. Arizona the most important aspect of due process and criminal procedure ever affecting law enforcement and prosecutorial conduct of an investigation. The main issues in this case were: * The admissibility of a defendant's statements if such statements were made while the defendant was held in police custody or deprived of freedom of movement in a significant way; * What procedures were required to guarantee the defendant's privilege against self–incrimination according to the Fifth Amendment of the U.S. Constitution? This case is considered the ... Show more content on Helpwriting.net ... In 1965, the U.S. Supreme Court was seeking one or more cases similar to Escobedo v. Illinois to clarify their position, as its opinion in that case raised many issues regarding the safeguards and extent of such decision. Chief Justice Earl Warren wrote the majority's opinion and Justices Clark, Stewart, White, and Harlan presented three separate opinions. In the Court's opinion of this case, it discussed the legal basis for their decision, emphasizing the need for changes away from the traditional rules of custodial interrogation. This landmark case in criminal procedure was marked by great public criticism for the liberal stance shown by the U.S. Supreme Court. It ensures defendant's rights to what many people regarded as opening the door to convicted criminals to escape punishment through "technicalities". III. PROFESSIONAL OPINION – In Miranda v. Arizona the prosecution focused on the defendant's history with law enforcement to support their claim that Miranda's confession was offered knowingly. At the time, Escobedo was the only similar case regarding defendant's rights and was specific about the right to counsel. Meanwhile in Miranda's case, his main failing was being unaware of the consequences of confessing to a crime while under pressure or coercion of the police. The decade of 1960 has been known for its great civil unrest in the United States. The ACLU (American Civil Liberties ... Get more on HelpWriting.net ...
  • 6.
  • 7. The Miranda Warnings Miranda Warnings The so–called Miranda warnings were developed in response to the Supreme Court's decision in Miranda v. Arizona, 384 U.S. 436 (1966). Many people believe that this landmark decision invented the rights that are in the Miranda warning. It did not. The rights that are included in the Miranda warning are guaranteed in the Constitution. Furthermore, "the e foundations for Miranda v. Arizona (1966) were laid in Malloy v. Hogan (1964) which applied the privilege against self–incrimination to state criminal proceedings and Escobedo v. Illinois (1964) which allowed consultation with an attorney about the privilege against self–incrimination" (Anonymous, 2004). However, prior to this decision, law enforcement officials did not have to ensure that criminal suspects were aware of their rights prior to engaging in an interrogation. In the underlying case, Ernesto Miranda was arrested for the kidnapping and rape of a woman. After two hours of police interrogation, he signed a written confession. Miranda was never informed of his right to council, his right to remain silent, or of the fact that statements he made could be used against him. Miranda's attorney attempted to have his confession excluded at trial, but the trial court allowed the confession and Miranda was subsequently convicted of rape and kidnapping. Miranda appealed the decision to the Arizona Supreme Court, which affirmed, based on the notion that Miranda had not sought out an attorney. The U.S. ... Get more on HelpWriting.net ...
  • 8.
  • 9. Court Case : Miranda V. Arizona Court Case: Miranda v. Arizona ––––––––––––––––––––––––––––––––––––––––––––––––––––––––––––––––––––––––––––––––––––––––––––––––––––––––––––––––––––––––––– Introduction: In the case Miranda vs. Arizona. This case goes against the 5th and 6th amendments. Miranda says that the police had violated his 5th Amendment right to remain silent and his 6th Amendment right to legal counsel. Miranda addressed the Escobedo rule which states evidence obtained from an illegally obtained confession is inadmissible in court. Also addressed was the Gideon rule which states all felony defendants have the right to attorney. But the police say that Miranda completely voluntarily signed the confession. Background: This case had to do with Ernesto Miranda v. Arizona. Miranda was in interrogation with the police and he was not told about his rights to remain silent and the right to counsel. Even though he was not informed of his rights he still signed a confession saying that what he said what he said to the police in the interrogation was completely voluntary. On the top of each page was the statement, "I, Ernesto A. Miranda, do hereby swear that I make this statement voluntarily and of my own free will, with no threats, coercion, or promises of immunity, and with full knowledge of my legal rights, understanding any statement I make may be used against me." He was not fully acknowledged of his rights until 1:30 when he was signing his confession after a two hour long interrogation. This case ... Get more on HelpWriting.net ...
  • 10.
  • 11. 17th Century Sheriffs By the 17th century, northern colonies formed a system which took inspiration from English policing. At the time, the sheriff was the highest form of a law enforcement official. Sheriffs started out having many jobs which include collecting taxes and supervised elections. Despite having many jobs, sheriffs were not paid a salary (but were paid fees with each arrest) and stayed inside their office. In cities, town marshals were the main law enforcement officers. They were given help by constables and night watchmen. In 1631, the first night watch was created by the city of Boston. They formed a constable position in 1634. In the south, there was little law and order, and was the responsibility of a citizen. The South: Slave Patrols and Codes ... Show more content on Helpwriting.net ... If a crime spree occurred they used a practice called the "posse comitatus, which means "power of the country". This law meant that no man above the of 15 could refuse to serve as a member of a legally constituted posse. The posse is similar to vigilantism, which was popular in the Old West due to lack of professional law enforcement. The Federal Judiciary Act of 1789, was created the office of the U.S. marshal and gave the marshals power to call upon the militia for assistance, a power which was made possible by the federal posse comitatus legislation in 1792. In 1861, Congress passed a law empowering the president to call upon the militia or regular army to enhance law enforcement when it was extremely needed. In 1879, Congress passed the Posse Comitatus Act, forbidding the use of the military to enforce civilian law except where specifically authorized by law. The use of military in the Old West stopped near the end of the 19th century. In 1823, Stephen Austin hired bodyguards to protect fellow "Texicans" from Native Americans and Bandits. They were named the Texas Rangers in 1835. In 1845, Texas Rangers became the first U.S. state police agency when Texas was admitted to the Union. Scotland native and former detective, Allan Pinkerton, created a detective agency in Chicago in 1850. By, the 1880s, his national detective agency had offices in nearly two dozen cities. ... Get more on HelpWriting.net ...
  • 12.
  • 13. What Was The Role Of The Federal Government In The 1960's Throughout the 1950s and 1960s, the U.S. federal government took several actions both at home and abroad that many Americans didn't always feel were justified, and didn't agree with. One of these changes made in the U.S. dealt with the legal system, and the rights given to those charged with serious crimes. Chief Justice Earl Warren, whose goal was to extend individual rights, led this movement. Through a series of court cases– Gideon v. Wainwright, Escobedo v. Illinois, Miranda v. Arizona– new rights of people accused of crimes were established. These included the right for the accused to have a lawyer to be present during a police investigation, a lawyer to be provided to those who couldn't afford one, and those accused had to be informed ... Get more on HelpWriting.net ...
  • 14.
  • 15. Miranda V. Arizona Case Introduction The United States Constitution is the framework of our legal system. It provides its citizens undeniable rights, and federal and state substantive and procedural laws must be obeyed while not conflicting with the citizens' rights in the Constitution. Among these rights are the 5th and 6th amendments. The 5th amendment states that a person has the right to a grand jury and cannot be tried twice for the same crime. The 5th amendment further states that person cannot be the witness of his/her own crime (U.S. Const. Amend. V). The 6th amendment is related to the rights of criminal defendants. The 6th amendment guarantees criminal defendants with the right to a public trial, the right to a lawyer, and the right to know the charges and evidence against them (U.S. Const. Amend. VI). The case, Miranda v. Arizona (1996), changed the course of history by determining appropriate police conduct. This appropriate police conduct has been set as the norm, which is still being used today. This process is referred to as reading the arrested their Miranda rights. This research paper examines the facts and significance of the Miranda v. Arizona case and how it affected the Supreme Court, law enforcement, and judicial system. Case Background ... Show more content on Helpwriting.net ... Arizona. These cases, which are Mapp v. Ohio (1961), Gideon v. Wainweight (1963), and Escobedo v. Illinois (1964), helped the Court to set the bases of the "fundamental of fairness" standard. The "fundamental of fairness" standard, which is also known as the "due process", states that all court proceedings must treat all citizens fairly in order for the rulings to be effective. The Miranda v. Arizona case further broadened the requirements in the "fundamental of fairness" standard and clearly defined the right of the accused. Therefore, it is one of the most important cases in establishing the proper conduct for law enforcement and criminal justice ... Get more on HelpWriting.net ...
  • 16.
  • 17. Essay on The Use of Deceptive Interrogation People face ethical dilemmas every day. But it is perhaps, most prevalent in the law enforcement profession. Law enforcement officers face ethical dilemmas constantly. Some of the ethical issues that police face each day are: racial profiling, officer discretion, police officer loyalty, police officer abuse, and interrogatory deception. This paper will discuss the purpose of interrogatory deception, ways in which it is used, some of the current debates over the practice, and a landmark ruling in the Miranda case of 1966 which attempted to cease the use of intimidation and coercion practices of the police. The first thing that should be thought about prior to any form of interrogation is the suspect's rights; particularly his or her ... Show more content on Helpwriting.net ... A different viewpoint might be to get the suspect talking and keep him or her talking. The problem arises when an officer sits down with a suspect in an attempt to gain the truth or a confession; however, the suspect refuses to cooperate. So how can an officer facilitate the process and get a suspect to talk or even better, confess? Years ago this was accomplished by police through the use of force also known as police brutality. That practice has been abandoned due to its inhumane and brutal nature and its infringement of individual rights. Police were forced to seek an alternate means of obtaining information that did not rely on inhumane practices. This turnaround came in the form of trickery and deceit; called interrogatory deception. This type of psychological coercion is taught and practiced daily by today's law enforcement. It is based on the utilitarian standpoint by police that the means justifies the outcome. This type of interrogation is performed in a way "which elicits admissions by deceiving suspects who have waived their right to remain silent" (Skolnick & Leo, 1992). For example, an officer could say that it will be easier on the suspect if he talks. An officer could even say that the suspect's accomplice is giving or has given officers all the information. The ethical issue then arises about coercion and deception. Should this practice be considered ethical? Should an officer ... Get more on HelpWriting.net ...
  • 18.
  • 19. Essay on The Fifth Amendment and Miranda v. Arizona "You have the right to remain silent. Anything you say can and will be used against you in a court of law. You have the right to an attorney...this is what you hear on all your favorite cop shows. But, where did this saying come from? In 1963 Ernesto Miranda a ninth grade dropout (PBS) was arrested and charged with kidnaping, rape, and armed robbery. The police interrogated him for two hours. During the question Miranda supposedly admitted to all the crimes. The police then used Miranda's confession to convict him in court. While in prison Miranda appealed his case and eventually brought it to the Supreme Court. The court ruled five to four in favor of Miranda. The Supreme Court was correct in their ruling of Miranda v. Arizona, because ... Show more content on Helpwriting.net ... These rights are derived directly from the constitution. While it doesn't say exactly that, it is what the Justices determined it meant, which is their job according to the constitution. Ernesto Miranda's written confession confession included a signed statement saying that he had a full understanding of his fifth amendment rights. Miranda argued that he was never told his rights nor did he understand them. In the fifth amendment of the United States constitution it says that an accused person cannot be forced to witness against their self, also the sixth amendment states that the accused shall have the assistance of counsel for his defense. Miranda claimed that he neither knew his fifth amendment right to remain silent or his right to have a lawyer present during questioning. He argued that a suspect who didn't have any prior knowledge of his rights would feel pressured to answer all the questions posed by the interrogators. They used his written testimony to convict Miranda. Since Miranda didn't know he didn't have to answer all the questions, his confession wasn't voluntary (alavardohistory). Therefore since it wasn't voluntary he was forced to "witness" against himself. As a result the actions of the police violated the fifth amendment. Miranda did not have a lawyer present during his interrogation. There was no indication of whether he asked for one or not, but we can assume that he didn't know he ... Get more on HelpWriting.net ...
  • 20.
  • 21. Miranda vs. Arizona Essay Miranda vs. Arizona: This case had to do with an Ernest Miranda who raped a Patty McGee*. After extracting a written confession from the rapist about the situation, Miranda's lawyer argued that it was not valid since the Phoenix Police Department failed to read Miranda his rights, also in violation of the Sixth Amendment which is the right to counsel. Some factors that helped support Miranda's arguments were that the suspect had requested and been denied an opportunity to consult with a lawyer; the suspect had not been effectively warned about his right to remain silent; and an incriminating statement must have been given by the suspect. The author of the Arizona court's decision, former U.S. Senator and ... Show more content on Helpwriting.net ... That day, the justices honed in on the Fifth Amendment aspects of the case, which pleased John Flynn to no end. The last man to present a position in the case before the court was Thurgood Marshall, whose personal opinions were diametrically opposed to the position of his employer, the U.S. government. Once the arguments were done, there was nothing left to do but wait as the justices debated the issue among themselves and issued a written opinion, probably in four or five months. The traditional process called for the justices to listen to oral arguments on Monday through Thursday, then to take preliminary votes and assign opinion authorships during a private meeting – again attended only by the justices – on Friday. Based on the political makeup of the Supreme Court in the spring of 1966, it was widely speculated that a majority would come down in some form on the side of Ernest Miranda. In the decision, Flynn, Frank and especially Ernest Miranda won hands–down. "The prosecution may not use statements, whether exculpatory or inculpatory, stemming from questioning initiated by law enforcement officers after a person has been taken into custody or otherwise ... Get more on HelpWriting.net ...
  • 22.
  • 23. Summary Of Miranda V. Arizona A) Case Name and Citation Miranda v. Arizona 384 U.S. 436 (1966) B) Summary of the Facts Ernesto Miranda was arrested for kidnapping and raping a woman. As a result, Miranda was interrogated and eventually confessed to committing the crime. This confession was then in turn used against him during trial, which lead to him being found guilty. C) Statement of the Issue(s) The legal question in which the U.S. Supreme Court resolved in this case was whether or not statements made by an individual under custodial police interrogation are admissible against him. Additionally, the focus was also placed on the issue of whether procedures that assure the individual is granted his privilege (5th Amendment) not to be compelled to incriminate himself ... Show more content on Helpwriting.net ... Of these are: To highlight the isolation and unfamiliar surroundings, the manuals instruct the police to display an air of confidence in the suspect's guilt and from outward appearance to maintain only an interest in confirming certain details (2). Such tactics are perfectly established to strip an individual of his innocence and make him give a confession thus incriminating one's self. Therefore, such practice of interrogation and the secrecy it entails, is drastically contradicting in nature with the constitution, in that an individual may not be compelled to incriminate one's self. U.S. Supreme Court's main concern can be seen in their conclusion regarding the process on in–custody interrogation. Due to the fact that such a process entails pressures that work to undermine an individual's will to resist and to compel him to speak where he would not otherwise do so freely (3), was a main concern of the Supreme ... Get more on HelpWriting.net ...
  • 24.
  • 25. Evolution Of The Supreme Court Case The Constitution is a living, breathing document, so it evolves and develops over time. Looking at key court cases from the past, the evolution of the right can be analyzed further, but first let us come back to Chief Justice John Marshall's words about how third parties in all fundamental fairness can claim the right to "plead the fifth," and use the self–incrimination clause, while keeping in regard the actions of others, and not just themselves. What he said was used in both the Marbury v. Madison case of 1803, and in the treason case of Aaron Burr. However, this practice is no longer allowed, because "pleading the fifth" has been reinterpreted to protect only oneself. Moreover, the common phrase "You have the right to remain silent. Anything ... Show more content on Helpwriting.net ... Arizona, 1996, that involved the theft of eight dollars and a twenty year prison sentence, extending this right to U.S citizens in a fundamental manner. This Supreme Court case brought change to the term "pleading the fifth" and getting a fair trial, helping to shape modern judicial law as we know it. The controversy of the case that made it such an evolutionary landmark, was the fact that the main suspect, Ernesto Miranda confessed that he had raped and kidnapped a woman and committed an armed robbery after intense interrogation after being arrested, violating his Fifth Amendment rights. However, Miranda was neither informed of his rights nor told he could ask for an attorney to be present during questioning nor that he could remain silent. The police questioned him for two hours which resulted in a signed, written confession. After the 20–30 years of imprisonment on each count, the Supreme Court of Arizona, on appeal according to United States courts website, the court ruled that Miranda's constitutional rights were not violated. The Supreme Court eventually ended up ruling that his confession was not admissible in court. It led them to conclude that law enforcement officials must create safeguards to protect the rights of a questioned individual. Furthermore, according to the Revolutionary War and Beyond website, the ruling Chief Justice Earl Warren said in his ... Get more on HelpWriting.net ...
  • 26.
  • 27. Escobedo V. Illinois Case Study Escobedo v. Illinois Monsees, Escobedo v. Illinois: Right to seek counsel Mark Monsees Liberty High School AP – Government 3A/B The right to consult a lawyer when being questioned by the police is a very important right as it could potentially save an individual from being convicted for whatever he or she has been accused of. This case was centered on Danny Escobedo who was taken into custody by the Chicago police department on January 20th, 1964, for the shooting of his brother–in–law. During Escobedo?s interrogation he continuously asked to consult with his lawyer. The authorities in charge of Escobedos interrogation refused to provide a lawyer for Escobedo, which ultimately ended up with him confessing to the murder of his brother in law. Being forced into confessing to the murder of his brother in law drove Escobedo to take his case to the supreme court under the premise that his sixth amendment right of right to counsel, which didn?t apply constitutional to felony offences until the 1963 supreme court case Gideon v. Wainwright. (Gideon v. Wainwright. (n.d.). Oyez. Retrieved January 9, 2016, from https://www.oyez.org/cases/1962/155) The Sixth Amendment of the U.S. Constitution gives everyone the right to counsel, which essentially means that the accused party has the right to consult a lawyer during interrogation. This idea was used as the main argument for Escobedo?s court case along with the Supreme Court case Gideon v. Wainwright 1963. This court case center around Clarence Earl Gideon who was charged with a felony after ... Show more content on Helpwriting.net ... Illinois." LII / Legal Information Institute. Cornell University Law School, 2015 Web. 07 Dec. 2015. "Sixth Amendment." LII / Legal Information Institute. Cornell University Law School, 2015 Web. 07 Dec. 2015. "Gideon v. Wainwright." Oyez.org. IIT Chicago–Kent College of Law, 2015 Web. 07 Dec. 2015. "The Fourth Amendment." (2015): n. Www.gpo.gov. 2015. Web. 8 Dec. 2015.ec. ... Get more on HelpWriting.net ...
  • 28.
  • 29. Due Process and Crime Control The Warren Court left an unprecedented legacy of judicial activism in the area of civil rights law as well as in the area of civil liberties–specifically, the rights of the accused as addressed in Amendments 4 through 8. In the period from 1961 to 1969, the Warren Court examined almost every aspect of the criminal justice system in the United States, using the 14th Amendment to extend constitutional protections to all courts in every State. This process became known as the "nationalization" of the Bill of Rights. During those years, cases concerning the right to legal counsel, confessions, searches, and the treatment of juvenile criminals all appeared on the Court's docket. The Warren Court's began with the case of Mapp v. Ohio, which was ... Show more content on Helpwriting.net ... He signed the confession willingly. The prosecution was proper, his conviction was based on Arizona law, and his imprisonment was just. The Supreme Court should uphold his conviction and should not further cripple the work of police. By a 5–4 margin, the Court voted to overturn Miranda's conviction. Chief Justice Warren declared that the burden is upon the State to demonstrate that "procedural safeguards effective to secure the privilege against self–incrimination" are followed. The current practice of 'incommunicado' interrogation is that the individual may not be compelled to incriminate himself. Warren then summarized the case, measuring it against the "fundamental fairness" standards the Court had established. "It is clear," he wrote, "that Miranda was not in any way apprised of his right to consult with an attorney and to have one present during the interrogation, nor was his right not to be compelled to incriminate himself effectively protected in any other manner. Without these warnings [his] statements were inadmissible. The mere fact that he signed a statement which contained a typed–in clause stating that he had 'full knowledge' of his 'legal rights' does not approach the knowing and intelligent waiver required to relinquish constitutional rights." Turning to the standard for a valid waiver of rights, Warren wrote: "A valid waiver will not be presumed simply from the silence of the accused after warnings are ... Get more on HelpWriting.net ...
  • 30.
  • 31. The Rights Of The Criminal Justice System In order to maintain the rights of its citizens, our Country established the Miranda system in order to protect the rights of individuals who go through the Criminal Justice System. Prior to the Miranda system, individuals did not receive a fair trial considering that some were forced to plead guilty for a crime that they did not commit. It wasn't until 1964 that the Supreme Court realized that the accused rights should be protected during an interrogation. Miranda was a step forward in order to protect our rights as citizens, and has evolved over time in order to prevent an unlawful confession. The Fifth amendment in the United States Constitution protects from self–incrimination. According to Gaines and Miller, "A defendant cannot be required to provide information about his or her own criminal activity"(Gaines and Miller, p.234). In the early years of our Criminal Justice system, our government had taken very little initiative to protect our fundamental right that we would be protected from self–incrimination. However, in 1964, the Supreme Court received a case that led to the Miranda Decision. Escobedo v. Illinois set the stage for Miranda and impacted how the criminal justice system would prosecute offenders. Escobedo v. Illinois, consisted of a "convicted murderer who had incriminated himself... Police officers ignored the defendant 's request to speak with his lawyer"(Gaines and Miller, p.234). Also, "Miranda was not informed of his rights prior to the police ... Get more on HelpWriting.net ...
  • 32.
  • 33. Mirandan V Confessions If an officer does not read a defendant's rights to him or her prior to obtaining a confession, then it is possible that the given statement could be inadmissible in court. There is nothing than can be done if felon waives his rights, and if a statement has to be given within a six hour time–frame upon incarceration. In Miranda v. Arizona (1966), when a person is in confinement, he or she has be informed of their privileges. Suspects are to be told that they need to not say anything due to the fact that their confessions may be useful to indicate their fault when it comes time for their trial. It is up to the suspects to determine if they want an attorney; furthermore, one can be provided if a felon cannot afford one. There are repercussions when an officer fails to read a suspect his or her rights. It just depends on the circumstances when the confession took place. If an offender voluntarily admits to anything before his or her rights were read, there is nothing that can be done to the officer. The "United States (U.S.) Supreme Court acknowledged statements may be much more questionable when they are trusted when getting a "confession" (Hall, 2015). Hall (2015) states, "The Court stated, in Esobedo v. Illinois (1964), that a "'system of criminal law enforcement which comes to depend on the ''confession'' will, in the long run, be less reliable and more subject to abuse than a system which depends on extrinsic evidence independently" obtained through other law enforcement ... Get more on HelpWriting.net ...
  • 34.
  • 35. The Constitution Of The United States The Constitution of the United States has governed this country for over 200 years. The Bill of Rights, also known has the first Ten Amendments of the Constitution, has protected the unalienable rights of citizens in the United State. Selective incorporation was used in order to nationalize the Bill of Rights and protect the immunities, rights, and privileges of all United States citizens within the states. The success of Selective Incorporation, along with the 14th Amendment, ensured that states could not put in place any laws that took away the constitutional rights of American citizens that are preserved in the Bill of Rights. Although the 14th Amendment was not taken seriously for almost a century, the Selective Incorporation process ... Show more content on Helpwriting.net ... The Fourteenth Amendment prevented the states from limiting the rights granted to citizens in the Constitution and did not allow the states to enforce their own law. This amendment was nationalized through a process of Selective Incorporation. The purpose of Selective Incorporation was to, not only nationalize the Bill of Rights, but to also protect the immunities, rights, and privileges of all United States citizens. The first eight amendments were 'selected' and 'incorporated' into the Fourteenth Amendment, and through the Fourteenth Amendment, these amendments were nationalized. Through several court cases and rulings, the Bill of Rights were brought into the national spotlight and became protected by the Fourteenth Amendment, which was ratified into the Constitution in 1868. The confusion of whether or not the Bill of Rights applied to solely the National Government began with the Supreme Court ruling in 1833, Barron v. Baltimore, saying that the Bill of Rights only applied on a national level when dealing with governments and did not apply to the states. The ruling of this Supreme Court case was used in order to urge the adoption of the Fourteenth Amendment. In the concluding ruling, it was "declared that its 'privileges and immunities' clause included 'the personal rights guaranteed and secured by the first eight amendments to ... Get more on HelpWriting.net ...
  • 36.
  • 37. Rosenberg, Epp, and Miranda: Implementation of Supreme... On the surface, it seems that determining how much power courts have would be a simple task. However, history has proven this to be false. The courts have been viewed in many different ways through out the history of our country. There are three common views of court power that are important for modern scholars of the court system. Those who believe courts have little power to cause social change are said to adhere to the Constrained Court view. Those who believe courts have a great deal of power to cause social change are said to adhere to the Dynamic Court view. The final, and youngest, take on court power combines aspects of the Constrained and Dynamic views into what I shall call the Condition Dependent Court view of power. ... Show more content on Helpwriting.net ... Gerald N. Rosenberg discusses the three views on the power of courts to cause social change, as well as the Miranda decision, in his popular and provoking book, The Hollow Hope: Can Courts Bring About Social Change? Rosenberg examines the underlying beliefs and theories for each of the views, as well as the problems one can encounter with both the constrained and dynamic views of the courts. It is from these problems that Rosenberg creates the Condition Dependent view of court power. To understand Rosenberg's argument about the power of courts to cause change, it is important to understand the two other models of court power which Rosenberg synthesizes. Those who advocate the Constrained Court view believe that there are three constraints which prevent courts from causing social change. First, "[t]he bounded nature of constitutional rights prevents courts from hearing or effectively acting on many significant social reform claims, and lessens the changes of popular mobilization" (Rosenberg 13). This restraint is caused by several factors. First, the Supreme Court does not get to issue a ruling on which ever issue it wants. A case must work its way through the system. Second, judges must be concerned with the legal system as a whole, and thus seek to create stability and predictability. Third, there are rules regarding the ability of parties to bring a case before the ... Get more on HelpWriting.net ...
  • 38.
  • 39. Warren: The Best Chief Justice After Felix Frankfurter retired in 1962, and after first Arthur Goldberg and then Abe Fortas succeeded the long–time justice, Warren found himself in the majority of a number of equal justice cases. These included, Loving v. Virginia, Harper v. Virginia Board of Elections, James v. Maryland, Escobedo v. Illinois, and Miranda v. Arizona. In the 1960s and 70s, a number of commentators regarded Earl Warren as one of the greatest justices ever on the U.S. Supreme Court. Maybe, some contended, such as Associate Justice Thurgood Marshall, that he was the best chief justice we ever had (Belknap, 2005). But, in March, 1966, Warren turned 75. Two years later, in June, 1968, he informed President Johnson, first in person and then by letter, that he ... Get more on HelpWriting.net ...
  • 40.
  • 41. The Industrial Revolution was a great time of growth in... The Industrial Revolution was a great time of growth in the United States. During this time in North America the eastern side of the United States is becoming overcrowded and people begin to set off in search for new land and a fresh start. Several factor contributed to both the rise and fall of railroads in the United States from the spread of westward expansion, to farmers need to stay connected to the rest of the nation, and to the start of railroad regulations agencies. In the 19th century the eastern part of North America began to become overcrowded with immigrants as well as from natural growth. This marked the time in America's history for westward expansion and westward development. Thousands of Americans flocked to the so called ... Show more content on Helpwriting.net ... These farmers rely heavily on railroads to transport their crops from the frontier to be sold. Everything depended on the railroads without them many farmers would not get the tools they needed to provide for their families and the nation would have been disconnected. This gave the railroad companies total control of the nation's wealth and also power. They controlled everything from the price they shipped items at to which town they built stations at. They would even make cities bid or get special favors to the company that built stations at the town, near the town, or even just around them. As depicted in "the American Frankenstein by Frank Bellew" railroad companies became monsters they corrupted government officials, they bribed, and they even rigged elections for their good. It seemed like there was no way to stop these monsters from taking control of the wealth of the nation as well as the power. With no regulations to stop them it seems as if there was no end in sight. Farmers begin getting restless of the railroad monopolies; they demand the government to take action. The farmers wear in dire straits being charged exorbitant fees to ship the goods was that in turn meant little profit going towards their families. They had no choice but to pay these fees because they had no other way to transport their goods due to where they lived. The first attempt to take down the monsters was through the creation of the "Granger laws" the ... Get more on HelpWriting.net ...
  • 42.
  • 43. Law Enforcement in the 21st Century Law Enforcement in a Democratic Society cha pt er 1 ISBN 0–558–46766–0 Law Enforcement in the 21 Century, Second Edition, by Heath B. Grant and Karen J. Terry. Published by Allyn & Bacon. Copyright © 2008 by Pearson Education, Inc. st Chapter Out line INTRODUCTION The Themes of the Book The Police Function: Social Control and the Use of Force Policing Within the Rule of Law: The Challenges of Discretion The Delicate Balance: Crime Control versus Due Process The Levels of Law Enforcement Municipal Agencies County Agencies State Agencies Federal Agencies Department of Justice Department of Homeland Security Department of the Treasury U.S. Postal Service Tribal Agencies Chapter Objectives ● Describe the concept of linkage blindness and ... Show more content on Helpwriting.net ... Grant and Karen J. Terry. Published by Allyn & Bacon. Copyright © 2008 by Pearson Education, Inc. st Introduction 5 agency. Given the complexity of both the intelligence and law enforcement communities and their many overlapping jurisdictions, it was inevitable that key information would slip through the cracks between agencies. The inability to analyze and link critical information across (or even within an agency) is referred to as linkage blindness and will be a major theme throughout this book. In part, the Homeland Security Act of 2002, the USA PATRIOT Act of 2001, and its reauthorization in 2005 were executive and legislative responses to the problem of linkage blindness by organizing diffuse and autonomous law enforcement agencies and strengthening the government's abilities to obtain information. Stephen Flynn (2001) provides a useful illustration of this critical law enforcement problem, referring to the arrival of a hypothetical ship with questionable cargo and a crew on an intelligence watch list for potential terrorist ties: The Coast Guard would be likely to know about the scheduled arrival of a tanker carrying hazardous cargo. The Customs Service might have some advance cargo manifest information. The INS might or might not know much about the crew, depending ... Get more on HelpWriting.net ...
  • 44.
  • 45. Brown V. Board Of Education Case Study Many people would say that the constitution is a living, breathing document. I agree with those people. Living people adapt to fit into today's society. Our constitution is the same way because throughout history, our constitution has changed in order to meet the demands and views of today's society. There are many moments in history that prove this to be true ,such as court cases. One case that proves our earlier statement is Brown v. Board of Education. In this case, Oliver Brown attempted to enroll his child into an all white school. His daughter was denied enrollment to this school. He decided to take action. Brown argued that while the schools are separate, they were not equal and that this violated the 14th amendment. This battle was won. Some schools began to desegregate while others began violent protests which required the National Guard to stop it. This decision changed education and the constitution. The constitution had to adapt to meet the needs, demands and views of the people which is why this case is a perfect example of why the constitution is a living document. ... Show more content on Helpwriting.net ... Illinois. This case is a good example that proves that the constitution is living. In order to be living, the constitution must be enforced at all times. In this case, Danny Escobedo was arrested and taken to a police station. The police denied his request to see his lawyer. He never spoke to his lawyer and Escobedo confessed to murder. Escobedo was denied his right to counsel. This broke the 6th amendment of the constitution. Once again, the constitution adapted. It began to be enforced that one has the right to remain to silent which shows that the constitution is a living, breathing ... Get more on HelpWriting.net ...
  • 46.
  • 47. Civil Liberties And Civil Rights Throughout history, society has pushed the envelope with civil liberties and civil rights by tackling Supreme Court decisions. The attempts to manipulate civil rights and civil liberties occurred without a clear understanding of neither of the two. While civil rights and civil liberties regulate collective action, they differ by providing freedoms from the government and by providing freedoms to act; their shift in history has been denoted by racial and gender discrimination, nationalization, and rights of the accused. Civil liberties, as denoted in the Bill of Rights, had limited the government's actions by providing "freedoms from" the government. Because the government could not take away the people's rights, the Bill of Rights listed "thou shalt nots," which "limit[ed] its [the government's] jurisdiction" (Lowi pg. 107). A famous substantive limitation, or a restriction against what Congress could do, was, and is, the establishment clause, or the separation between Church and State. As the first component of the First Amendment, the establishment clause impedes the government's ability from establishing a national Church; consequently, due to religious persecution in England in the 1700's, the establishment clause serves to protect the citizens from the possible tyranny of religion by permitting the accommodation of all religions through assistance and by not allowing the government to show "no favoritism". Therefore, the United States refers to God on "U.S. currency" ... Get more on HelpWriting.net ...
  • 48.
  • 49. The Fifth Amendment's Influence on Miranda v. Arizona "You have the right to remain silent. Anything you say can and will be used against you in a court of law. You have the right to an attorney...this is what you hear on all your favorite cop shows. But, where did this saying come from? In 1963 Ernesto Miranda a ninth grade dropout (PBS) was arrested and charged with kidnaping, rape, and armed robbery. The police interrogated him for two hours. During the question Miranda supposedly admitted to all the crimes. The police then used Miranda's confession to convict him in court. While in prison Miranda appealed his case and eventually brought it to the Supreme Court. The court ruled five to four in favor of Miranda. The Supreme Court was correct in their ruling of Miranda v. Arizona, because the majority opinion correctly argued the fifth and sixth amendments. The dissenting opinion arguments regarding the fifth and sixth amendments were incorrect and in other cases involving due process this amendment was abused. In similar cases the court ruled in favor of the defendant because he was harmed during the interrogation process. The court argued that the case was not about whether Miranda was guilty of the charges or not (he obviously confessed). Rather they argued that the case was about the way in which the interrogation was derived. The court's ruling was meant to deal with the mistreatment of suspects by policemen during interrogation. Policemen are notorious for mistreating suspects in questioning (alovardohistory). Prior ... Get more on HelpWriting.net ...
  • 50.
  • 51. Miranda V. Arizona Irac Case Brief Facts: Ernesto Miranda was arrested on March 13, 1963 in connection to a kidnapping and rape. Within a few hours of interrogation the police were able to obtain a written confession; however, the officers never advised Miranda of his right to have an attorney present in the interrogation. The case was brought to trial, due to this confession being admitted into evidence Miranda was found guilty and sentenced to 20 to 30 years imprisonment on each count. It was brought to the Supreme Court of Arizona on appeal stated that Miranda's constitutional rights were never violated because he never requested counsel. However, it was proven that Miranda was never informed of his rights; therefore, his statement was inadmissible to the court. Procedural History: The case brought other cases into view, cases ... Show more content on Helpwriting.net ... In other words, can police officials interrogate a suspect without advising them of their rights and not violate their 5th Amendment rights. Rule(s): The Supreme Court of Arizona established the "bright line" rule which is meant to clearly define a rule that will leave little to no room for different interpretation. In terms of this case the rule assisted in clarifying the fact that police must inform their suspects of their rights. Such as the right to remain silent and if they choose to talk it will used against them in court. They have a right to an attorney and if they can't afford one then one will be appointed for them. Application: The Court determined that the process of interrogation was intimidating enough and in order to counteract this feeling, the suspect must be read his right. The suspect must be read his/her rights before being questioned; in addition, officer is not required to inform the suspect of their rights while placing the suspect under arrest, under the condition that the officers don't interrogate the suspect in any way. ... Get more on HelpWriting.net ...
  • 52.
  • 53. Supreme Court Cases Essay Youngstown Sheet & Tube Co. vs. Sawyer Also commonly referred to as The Steel Seizure Case, it was a United States Supreme Court decision that limited the power of the President of the United States to seize private property in the absence of either specifically enumerated authority under Article Two of the US Constitution or statutory authority conferred on him by Congress. The Majority decision was that the President had no power to act except in those cases expressly or implicitly authorized by the Constitution or an act of Congress. Marbury vs. Madison: A landmark case in United States Law and the basis for the exercise of judicial review in the United States, ... Show more content on Helpwriting.net ... Plessey boarded a car of the East Louisiana Railroad that was designated by whites for use by white patrons only. Although Plessey was one–eighth black and seven–eighths white, under Louisiana state law he was classified as an African–American, and thus required to sit in the "colored" car. When Plessey refused to leave the white car and move to the colored car, he was arrested and jailed. The Court rejected Plessey's arguments based on the Thirteenth Amendment, seeing no way in which the Louisiana statute violated it. In addition, the majority of the Court rejected the view that the Louisiana law implied any inferiority of blacks, in violation of the Fourteenth Amendment. Instead, it contended that the law separated the two races as a matter of public policy. Smith v. Allwright: An important decision of the United States Supreme Court with regard to voting rights and, by extension, racial desegregation. Lonnie E. Smith, a black voter in Texas, sued for the right to vote in a primary election being conducted by the Democratic Party. The law he challenged allowed the party to enforce a rule requiring all voters in its primary to be white. At this point in history, the Republican Party was so weak in the South that most Southern elections were decided by the outcome of the Democratic primary. Southern States claimed that the Democratic Party was a private organization, while Smith said that the law in question essentially disenfranchised him by ... Get more on HelpWriting.net ...
  • 54.
  • 55. Miranda V. Arizona Miranda v. Arizona American Government This case is one that changed the way the United States Police forces will work forever. Every human in the world has natural born rights. Even people who have been arrested have rights, 'The rights of the accused'. These rights are the main point of this court case. 'On the third of March in 1963, an eighteen year old girl, "Lois Ann Jameson" (Sonneborn 6), was leaving Paramount Theaters in downtown Phoenix' (Sonneborn 7). Jameson would always take the bus home and have to walk a short distance to her home. On this night, she would be walking home and a car pulled up past her nearly hitting her. She continued walking not realizing that a man had gotten out and was running towards her. He grabbed her ... Show more content on Helpwriting.net ... "Nonetheless, detectives began questioning Miranda, and he signed a confession approximately two hours later."(Riley 11). Miranda was not completely clear that he had the right to remain silent and also the right to an attorney even if he couldn't pay for one. That same afternoon, he was taken to jail. And two days later he was taken to trial. Miranda was being charged with rape and robbery. Since he could not afford to pay for his own lawyer, one was appointed. The lawyer assigned was Alvin Moore. Most court–appointed attorneys were usually young and paid poorly, but not in this case. Moore was seventy–three years old and had forty years experience practicing law. Moore thought of using an insanity defense because of Miranda's mental problems. But, because Miranda had been in and out of jail, it was decided that he knew right from wrong, so that would not work. The trial went on. Moore realized that he didn't have much to work with. Being that the prosecution had a written confession signed by Miranda, Moore knew there was not n=much that he could do to convince the jury. On June 19th, Miranda was on trial for robbery. It took only a few hours for him to be convicted. The next day he went on trial for the rape of Lois Ann Jameson. The prosecution called four witnesses to testify. Among them were Lois Ann Jameson, Sarah ... Get more on HelpWriting.net ...
  • 56.
  • 57. Earl Warren's Due Process Model Since the year 1953 until the year 1969, Earl Warren served as the fourteenth chief justice of the United States Supreme Court. Warren's span served was noticeable because of frequent judgements that have changed United States decree and culture. While disapproved, Earl Warren is thought of as an utmost chief. Under his supervision, the courts similarly wanted equivalence in unlawful fairness, ushering in an era of increased sensitivity to the rights of the accused. Chief Justice Earl Warren used the Due Process Model in order to make his decisions on these very important cases. These decisions have affected and still continue to affect police procedures. Failure to follow such procedure may result in the suppression of evidence or the release of an arrested suspect. Prohibition of unreasonable search and seizure is also a law that the law must stand by. The Due Process Model requires that defendants have the right to call their own witnesses, mount their own evidence, and present ... Show more content on Helpwriting.net ... Within due process, offenders that are placed under arrest are hypothetical thought of as innocent until proven guilty. Within the crime control, it is said that the offenders that are detained are guilty and punishment by the law is required. Due process considers patrolling inside the criminal justice structure is critical to preserving integrity inside the social order. Being that it is currently in effect in the United States because this model places an emphasis and priority upon the arrest, prosecution, and conviction of criminals. The crime control model validates an attack on unlawful doings. The expression, "War on Crime" is debated by political figures plus officers on purposes to classify, track, separate, and eventually eradicate unlawful components in the general ... Get more on HelpWriting.net ...
  • 58.
  • 59. Importance Of Criminal Rights Are criminals granted too many rights? Ever since the groundbreaking Supreme Court case of Gideon V. Wainwright in 1963, further rights have been admitted to felons. Now, criminals can conveniently surpass the harsh rulings of the court and not be found guilty. Even though criminals should be granted rights during trials, there have been unnecessary decisions passed giving more rights to the accused. Before it can be determined whether criminals are granted an excess number of rights, the rights that the criminals are given must be examined. Felons have the right to the Writ of Habeas Corpus. Habeas Corpus is the right for the accused to be brought in front of a judge to determine whether they are truly guilty or not ("Habeas Corpus"). A criminal can now be held for a longer period of time until they are proven guilty while also be granted a fair trial. Another right given to criminals is the trial by jury. This is the most important right granted to any felon as stated in Article III of the Constitution and by the Sixth Amendment. People accused of crimes can now be tried in front of a panel of normal citizens. The next right given to the accused is the right against self–incrimination. According to Cornell University, self–incrimination is defined as "the act of implicating oneself in a crime or exposing oneself to criminal prosecution." The Fifth Amendment of the Constitution protects a person from being compelled to incriminate oneself. Also termed self–crimination; ... Get more on HelpWriting.net ...
  • 60.
  • 61. The Theft Of The Stolen Car Parts 1. (a) The presence of the stolen car parts can be used as a basis to get a search warrant for Dan's property because the officers had probable cause to believe the there was evidence of a crime to be found at Dan's property. A search warrant may be issued for any of the following, the evidence was of a crime, the car parts are instruments of designed for use, intended for use, and used in committing the crime, they are also contraband, fruits of crime, and items illegally possessed. On the other hand, based on the exclusionary rule, a law that prohibits the use of illegally obtained evidence in a criminal trial, applies to evidence gained from an unreasonable search or seizure in violation of the 4th amendment also seen in Mapp v. Ohio 1961 case. (b)The information provided by Cindy can be used as the basis for obtaining a search warrant because there was probable cause to believe that evidence of a crime will be found at Dan's property where the search should take place in. The affidavit for the search warrant will consist of the following information; the observation of the crime was done by the detective. The detective got a visual of the stolen car parts illegally, however, under the "independent source" if you obtain a fact illegally originally then obtain the fact through legal means it may be used. The detective searched the land behind Dan's property illegally but the next day an informant, Cindy, legally inform the detective that Dan has stolen car parts on his ... Get more on HelpWriting.net ...
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  • 63. Miranda Rights in Our Legal System Essay Does the Miranda Rights benefit the defendant too much where as the courts throw out voluntary confessions? The Fifth Amendment clearly states "No person shall be held to answer for a capital, or otherwise infamous crime, unless on a presentment or indictment of a Grand Jury, except in cases arising in the land or naval forces, or in the Militia. (U.S Constitution Fifth Amendment) When arresting citizens, officers must inform the individual of his or her rights or the statement that was said will be disregarded in the court of law. (U.S. Gov Info/Miranda: Right of Silence) These rights are called Miranda rights which protect citizens of the U.S. from self incrimination. (See cases Miranda v Arizona, Dickerson v United States and Escobedo ... Show more content on Helpwriting.net ... Cassell also states that crime has increase after the Miranda laws were inforced from the years 1950–1965 he says "police officers solve crimes about 60% of the time but fell dramatically." According to Cassell about 70,000 cases each year become unsolved because of Miranda and criminals are set free to commit crimes again. The two court cases that still has litigation over till this day is the Dickerson v. United States, 530 U.S. 428 (2000) and Miranda v Arizona, 384 U.S. 436 (1966) The problem or issue is that when is a statement from a defendant coerced or voluntary? One of the things that produce the Miranda rule was the difficulty of determining whether a statement is voluntary or coerced. Stephen Sharpio says that "the courts were required to look at whole range of factors to decide whether or not the confession was voluntary." The courts say that "they will continue to look for the truth in all cases and give juries all reliable evidence to make the decision." Here are two key cases that shocked the world in their reversed decisions to throw out confessional evidence and to give a new trial. Miranda v Arizona, 384 U.S. 436 (1966 )In the Miranda v Arizona case the defendant made statements in custodial interrogation that violated his Fifth and Sixth Amendment Rights. The defendant wasn't told his rights and ... Get more on HelpWriting.net ...
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  • 65. How the Earl Warren Court Liberalized America Essay The Warren Court refers to the Supreme Court of the United States between 1953 and 1969, when Earl Warren served as Chief Justice. Warren led a liberal majority that used judicial power in dramatic fashion, to the consternation of conservative opponents. The Warren Court expanded civil rights, civil liberties, judicial power, and the federal power in dramatic ways. One way the Warren Court liberalized America, is through the court cases of Gideon v. Wainwright (1963), Escobedo v. Illinois (1964), and Miranda v. Arizona (1966), where these court cases helped define Due Process and the rights of defendants. Another way the Warren Court liberalized America, is through the cases of Tinker v. Des Moines ISD (1969), Engle v. Vitale (1962), and ... Show more content on Helpwriting.net ... The issue of Tinker v. Des Moines ISD was that students were to wear black arm bands to school in protest of the Vietnam War; however the school warned that anyone wearing the armbands would be would be suspended, but the Tinker children wore their armbands to school (they were the only ones of the group to do so) and were suspended leading to Mr. and Mrs. Tinker filing a law suit claiming that the school violated the children's right to freedom of speech and expression. The court ruled against the school district saying that "students do not shed their constitutional rights at the school house gates. In doing so the court protected what has come to be known as "symbolic speech." In the case of Engle v. Vitale, the Supreme Court ruled that prayers in schools were considered unconstitutional, leading to a ban of all prayers led by teachers in school, even if the prayer was considered voluntary, stating, in a way, that there was some sort of "separation of church and state" which is not true. Lastly, New York Times v. Sullivan focused more on the freedom of the press, ruling that "actual malice" must be proven to support a finding of libel against a public figure. Finally, the Warren Court liberalized America in a dramatic way, since that it focused more on the right to privacy, the incorporation of the ... Get more on HelpWriting.net ...
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  • 67. Questions and Answers on Criminal Procedure 1. Does the information included in the warrant application amount to Probable Cause? Why or why not? Probably not. This would be defined as an anticipatory search warrant, but the information provided by the confidential informant includes statements that are mostly vague: Dory was "planning to sell" Golden Starfish within an open–ended date, she "probably will deliver" the stolen merchandise at some point, and she "usually rents a room" at the specific hotel named. None of this qualifies as reliable recent information as to criminal activity; as for proposed or future criminal activity, there are not sufficient facts here to indicate an event that would be sufficient to qualify as a "triggering condition". According to the US Supreme Court's decision in U.S. v Grubbs (2006), what is required in an anticipatory search warrant is a triggering condition that would permit the execution of the warrant on the fair probability that contraband would be discovered if the search were executed no such condition appears to be included here, when the best that is offered for a "triggering condition" is that Dory has rented a room. The fact that the detective overheard mention of the Golden Starfish through the door is irrelevant to the establishment of probable cause for the warrant, though. 2. Of what significance, if any, is the two–week period for serving the warrant? Ordinarily a search warrant cannot be served if "stale" information is included in the search warrant ... Get more on HelpWriting.net ...