Miranda Rights College Essays Samples For Students

Abstract

This paper will discuss the differences in the 5th and 6th Amendment because of Miranda rights. Through these changes,it will show on the custodial protections. Last, it will reflect over the past, present and further for Miranda rights.

Main Body

The history of the Miranda Rights reflected to protect 5th Amendment. It also to ensure that people interrogated, avoid any form of tortured or abused. When the Miranda Rights became into effect, it also brought set limits and techniques when presenting evidence.
If anything is incorrect from the moment of an arrest all the way to the stage where a ...

Miranda Rights

The decision of the Supreme Court in Miranda v. Arizona that a confession obtained through interrogation while in custody, and at which time the suspect was not informed of his/her constitution to have a legal representative present would be inadmissible in the court of law. However, only the accused can proclaim their constitution protection in contesting the involuntarily obtained confession. These Miranda rights, as they are popularly known, are necessary in the course of justice as they guarantee the constitutionality of the Fifth Amendment, Sixth Amendment and Fourteen Amendment. Fifth Amendment deals with self incrimination, Sixth Amendment relates to right to ...

A false confession is where a person is compelled to admit the commission of a crime which they never committed.

People admit to crimes they did not commit due to reasons such as incompetence due, say, to a mental disorder or being a minor, police coercion, contamination, and misclassification (Leo 332). Other factors responsible for false admission of guilt include duress, intoxication, mental impairment, diminished capacity, ignorance of the law, actual infliction of harm, fear of violence, misunderstanding of the situation and threat of harsh sentences (Innocence Project Online).
According to Ryan, Police officers can avoid false confessions by videotaping their interrogation of suspects from the beginning to the end and setting reasonable time limits for their interview of ...

1. Explain in detail the Exclusionary Rule.
The Exclusionary Rule is the rule that is generated by the law under the constitutional rights. It does not allow the use of any of the non-legal obtained proof in the trials for criminal under the fourth amendment. It will usually apply for the elimination of the physical evident. The best example of exclusionary rule is stolen property, murder, or weapons that allows the police to catch a break in a case under the rights of the fourth amendment. The exclusionary rule could be under the Fifth Amendment, when no person can ...

Admissions and Confessions

An admission can be defined as a statement made by a person that points towards the guilt of the maker of the statement and more often than not suggests participation in the crime. Admissions are usually made on specific facts in issue. Despite the fact that an admission tends to point towards the guilt of the maker of the statement, admission does not construe acceptance of personal responsibility for an allegedly committed crime.
On the other hand a confession is a fully corroborated statement acknowledging all the essential elements of a crime and as such construes acceptance of personal responsibility for committing a crime. ...

Introduction

The criminal justice system in the United States is complex and has a trove of advantages for the defendant in comparison to several other nations. The rights include the right to an attorney and the right to remain silent during a police interrogation. Apart from these rights, the process to find someone guilty and sentence that person is a tedious process. Unlike justice systems which rely on circumstantial evidence, the American Justice system insists on the presence of physical evidence to corroborate. In addition, a lengthy process ensures checkpoints in different areas to prevent convicting innocent people of crimes ...

In criminal law, the right to remain silent was first established in Miranda v. Arizona, 384 U.S. 436 (1966), as a constitutional right. Miranda laid the groundwork for many cases (Leo 621), but Berghuis v. Thompkins 560 U.S. 370 (2010), is arguably the most important case related to Miranda in recent history. In Berghuis, new precedent was set for determining whether a waiver of the right to remain silent must be expressly implied.
In Berghuis, a man named Thompkins was arrested and interrogated after a shooting in Southfield, Michigan, in which one victim died. Thompkins was given a piece ...

The notable actions of the case in the Norfolk case is that they arrived very fast after receiving a call from William a neighbour to the deceased ``woman”. In most instances, Police take unnecessary long time before responding to a crime scene call. However, their response in this case is commendable.

Secondly, the police tried performed an examination of the body to establish the cause o f death. Police should examine a dead body in order to categorize the type of crimes suffered and the cause of the death .In this case, the police found out that the Michelle Moore had been strangled ...

Edwards v Arizona, 451 U.S. 477 (1981)
TYPE OF ACTION: Ruling of the Arizona Supreme Court after an appeal which held that the accused has waived both rights of remaining silent and requiring a legal counsel when he voluntarily made his statement to interrogators. Hence, the court upheld that his confession without his counsel was voluntarily and admissible.

FACTS OF THE CASE:

On January 19, 1976, Edwards was arrested for burglary, robbery and first-degree murder. He was issued an arrest warrant on that same day. He was read his rights and was ready for questioning. He agreed to answer the officers’ questions. He ...

Interviews and interrogations are two distinct activities that occur during the investigation of crimes. The main difference can be seen in the fact that while interviews are general and apply to the witnesses of the case, the interrogations are rather specific and apply to the accused and the victims of the crime having been perpetrated. The 7/9 interview and the 7/10 interrogation of Mr. Jones by the investigating detective sets out the distinction in both substantive and procedural issues to be applied. In the ensuing section, the paper shall discuss some of the differences between the interview and the ...

LS 301 7

Question 1
Berghuis vs. Thompkins, 560 United States of 2010 (docket 08-1470), refer to a verdict by the U.S. Supreme Court where the jury favored a suspect who recognizes his or her right to stay put under Miranda vs. Arizona. The ruling also recognized people, who recognized their right to remain hushed, but does not openly waive or invoke the right (Thomas, 2012). The Supreme Court affirmed that unless the person in custody stated that he or she was depending on the right, his or her following voluntary statements might be used in a court of law and police could go ...

Introduction

People commit a variety of crimes on a daily basis. Some crimes are minor incidents that do not have an extensive consequence or sentence to uphold by the offender. There are crimes that are committed that are in a higher bracket and these crimes have a more serious sentence. People often commit a crime for a number of reasons. Some crimes committed were not even done by the person who was charged in the incident. There needs to be proof or evidence that can place the alleged criminal at the crime scene when it accrued. It is important that ...

Response to Mariana Mireles

According to Kassin, Sara, Jennifer and Perillo, the terms ‘interrogation’ and ‘interviewing’ are usually used recklessly as though they were interchangeable and synonymous (39). As Mariana points out, interviews and interrogations differ in terms of their goals. While an interview is a formal conversation that aims at eliciting information from another person whereas interrogation involves a systematic questioning of a person suspected of having committed a crime. Interrogation aims at obtaining confessions of the person being interrogated. However, further to this, an interview involves an objective and neutral attitude on the part of the interviewer who cannot accuse the ...

The issue of police interrogations has been pertinent for more than forty years. In 1966, the famous Miranda ruling noted that interrogations were usually done in privacy, an aspect that resulted to secrecy; hence, courts could not be aware of the events that take place in an interrogation room when dishing out justice. Despite an increased amount of research since the Miranda ruling, challenges persist in the administration of justice due to lack of empirical data. Research has been on an exponential trajectory, with five issues coming out strongly: distinguishing truthful and deceptive statements, Miranda rights to inform custodial ...

1. Discuss the movie, Eyes on the Prize. What does segregation say about a community’s values? How does living in a segregated society shape the way people think about themselves and about members of other ethnic or racial groups?

Eyes on the Prize is a film that provides a reflection of the issues, tactics, and sacrifices of the people during the Civil War years. The movie reveals the ferocity of racism and the underlying power of popular democracy. Segregation is the ugly face of a community that promotes violence. Living in a segregated society makes people develop fear and hatred that ultimately cause ...

Question One: Change of legal status as a result of a conviction

Every citizen of the United States of America has constitutional rights which protect him or her from illegal searches by police officers. This is provided for under the 4th amendment which protects citizens from illegal searches and seizures. The exclusionary rule means that some evidence which is collected in violation of the defendant’s constitutional rights is inadmissible. The 5th Amendment of the constitution protects citizens from being witnesses against themselves. The 6th amendment is also another important right that cizens have, this provides the citizens with the right to counsel. The Miranda rights are also very important and ...

In this presentation, I will be making a presentation to the court seeking an arrest warrant against one Damien Jones following the murder of Paul “Shorty” Alcorn. I have sufficient evidence to enable me to present a prima facie case against the said accused person. That evidence ranges from police reports regarding the homicide, police reports regarding the robbery with violence; we have forensic reports and also the analysis of the forensic reports. In the analysis of the forensic reports, we will be looking at the various pieces of evidence including documentary evidence. We also have the various property records of ...