Essays on Miranda Rights

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 ...

Abstract

The criminal justice system in the United States provides Constitutional guarantees for all who are subject to the laws of the land. The three most controversial aspects of this system today are Search and Seizure, arrest, and interrogations. While these three aspects are the foundation of police action throughout the nation, there are several unresolved problems in how each of these processes is in use today. The presence of the law is not always the same as upholding it. The cases which made the case for the citizens are moving into obscurity with modern variations of the problems making ...

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 ...

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 ...

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. 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 ...

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 ...

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 ...

A. J.D.B. v North Carolina (2011) is a case in which the most powerful court of the states of America held that the factor of age is to be placed under consideration when placing one on police custody (North Carolina Supreme Court, 2009)

1. J.D.B was a thirteen-year-old student who was questioned for two home break-ins which had occurred in a neighborhood 2. He attended a special education class at the smith middle school in Chapel Hill, North Carolina 3. He had been spotted by the police in the neighborhood. They came to where he learned and picked him for ...

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 ...

A pretrial motion is a meeting that occurs between the accused person, the plaintiff, the layers and the judge. The pretrial motions are conducted after the confirmation that a case has to proceed to trial (Berry, 1989) .Pre trial motions deal with issues that affect will affect the outcome of a case. Some of the issues are;

Avenue change-Parties to a criminal case can request for avenue change. Factors such as publicity and security of an accused person may influence the court to order for the change of a trial location.

Evidence exclusion-Any party to a case can request a court to exclude evidence that they ...

The constitution protects all citizens without any discrimination and the Fifth Amendment, the American Constitution grants people the right against self-incrimination. Any person facing arrest has the right to remain silent while in custody as well as in the courts. In the Fifth Amendment, one is given the rights not to be a witness in any case that he/she is involved This Amendment applied to both the state and federal courts in the US. In the case Riley v.Dorton .115 F.3d 1159 (1997),”Following the plain text of Amendment nobody should be allowed to be a witness against himself/herself, ...

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 ...

Abstract

All law enforcement agencies provide a valuable public service that is intended to keep every citizens safe. Law enforcers have the noble duty of maintaining peace and order within the community and to ensure that they render services that will protect and serve for the public welfare. While the police officers are endowed with the highest duty of protecting the community, conduct arrests and seizures, fight criminals and even put their own safety and life at risk in the line of duty, very few procedural and administrative protections were provided for law enforcers. In view of the foregoing, the federal ...

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 ...

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. ...

Missouri vs. Seibert

The petitioner was a woman named Seibert. She was charged and convicted of second-degree murder for her alleged involvement in the death of a 17-year-old handicapped boy. Seibert son who had died earlier and to conceal evidence of parental negligence, she colluded with her other son to set her house of fire. She realized that if only her son’s body was found in the charred house, this would also suggest neglectful parenting and so, a decision was made to leave the 17 years old boy in the house too. The police became suspicious of her involvement and picked her up to ...

Introduction

Interrogations and confession are an integral part of the investigative process. It is through the interrogation process that law enforcement officers get their confession. However, there have been claims that there is a greater focus on getting a confession that the truth of the matter is overlooked. This, among other reasons has led to a proliferation of false confessions gotten through different approaches. The gravity of this phenomenon can be illustrated by the statistics on false confessions, or outcomes resulting from false confessions. Gudjonsson et al., (2007), carried out a study to determine the relationship between reported adverse events in life, such as ...

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 ...

Interview Techniques

Introduction Law enforcement officers use interviews and interrogations to get information from criminal suspects. The two aspects of communication are important in deriving needed information. The two techniques are may be different in a number of ways. Interrogations are characterized by verbal aggressiveness while interviews engage a non-aggressive dialogue. Both the parties in an interview contribute to the conversation without prejudice. However, it seems that, in an interrogation, the verdict is already determined before the questioning begins. Sometimes officers engage in unorthodox tactics of eliciting information from suspects. Concerns have been raised about officers bullying suspects during interrogations. Interrogations may ...

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 ...

This submission will be seeking to discuss custodial interrogation within the context of Miranda Rights. It will be seeking to present this discussion through the use of a case study. The facts from the case study will then be analyzed so as to bring out the core concerns that the submission seeks to highlight. The case study involves the arrest of Sally Martin who was indicted for possession of heroin and weapons under disability. During the period from the arrest, Martin made certain statements, some by herself without any prompting and others as a resulted of being prompted by the officers. ...

Miranda v Arizona

The brief facts of the case were that the defendant Ernesto Miranda was arrested on the 13th of March 1963 by the police based on circumstantial evidence that tended to link him to the rape of an 18year old girl. Following an interrogation by police that lasted two hours, Miranda signed a confession statement to the rape charge on forms that alleged that he had made the confession without any coercion and out of his own free will. The form also stated that the defendant was well aware of his legal rights as well as the fact that any statements ...

Miranda V. Arizona and Terry V. Ohio The case of Miranda versus Arizona is a landmark case in the US Supreme Court decision that upholds the constitutional rights of an accused in a criminal case the guarantee of protection against self incrimination under the Fifth Amendment and the right to a counsel during the custodial investigation under the Sixth Amendment. It is where the Miranda Rights originated which is a procedure in every custodial investigation of reading the different rights of an accused before being interrogated by the authorities. The case reinforces the essential requirement of these procedural due process of providing ...

False Confession

A false confession refers to an admission of guilt by a suspect whereas the confessor is not responsible for the offence charged. Such an event can be as a result of incompetency on the part of the accused, insanity or may as well be induced through coercion. The story of the Norfolk Four as depicted through the film, The Confessions, is a classic case of false confession by the accused persons who were consequently convicted. It is also critical to note as evident in the film that the Norfolk Four waived their rights as laid down in the Miranda case. The possibility ...

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 ...

Surreptitious Recordings: Case Review

Surreptitious Recordings During a patrol routine, a vehicle was stopped for ignoring the stop sign. There were two male adult males occupying the vehicles. After confirming that the vehicle in use was indeed stolen through V.I.N and license plate check, the subjects was arrested. Apparently, there were no questions being asked before the arrest and the Miranda Rights was not recited to the subjects even after they were placed at the back of the patrol car. In addition, before proceeding to assist in searching the stolen vehicle before it was towed and impounded, a voice recorder was turned on. Apparently, after ...

Introduction

The American Constitution is rich in the protection of the rights and freedoms of the individual. In light of the Justice System in relation to the administration of justice to adults and juveniles, the relevant amendments include the fourth, the fifth and the sixth amendments. This paper shall examine the constitutional safeguards occasioned by these amendments, examine their impacts and their application in juvenile and adult courts. The paper takes the position that the amendments are essential for the protection of the rights of individuals especially in the justice system.

Fourth Amendment and its impact

The Fourth Amendment relates to the search and seizures ...

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 ...

Juvenile Rights

The juvenile system is significantly responsible for processing and treating various cases of youthful misbehaviour. The system has developed into an analogous yet independent system of justice with its own nomenclature and regulation of procedure (Goldstein, Condie, Kalbeitzer, Osman & Geier, 2003). Apparently, there are a plethora of similarities and notable differences between the adult and juvenile justice systems (Goldstein et al., 2003). The illustrious difference between the juvenile and adult justice processes are largely symbolic and terminological, and most states do not have specific statutory provisions distinguishing the arrest processes for children from that of adults (Goldstein et al., 2003). ...

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

Legislature is a form of government wing that is responsible in making laws. Often the legislature is composed of the congress and the president who ratifies any amendment proposal before becoming a law. The criminal justice system of the United States helps in governing peoples’ rights by maintaining law and order in the country. If any parties are responsible in going against the laws of a given country then one is considered a criminal or violator of the law (Faulkner, 2008, p.109). Thus the criminal justice system is made up of various components which work hand in hand to enhance peace and by ...

Saul Kassin and Gisli Gudjonsson’s article “True Crimes, False Confessions” talks about the culture of false confessions, and why they occur; particular emphasis is placed on why defendants are convicted when there are only false confessions as evidence.

After describing a case wherein a woman was raped in Central Park, and a group black teenagers falsely confessed to it before another man came forward of his own volition, the authors discuss the phenomenon of false confessions. They reveal a horrifying trend of getting false confessions out of people, or accepting those confessions out of hand, or without other evidence. “Opinions differ on ...