The "Miranda rule‚" which makes a confession inadmissible in a criminal trial if the accused was not properly advised of his rights‚ has been so thoroughly integrated into the justice system that any child who watches television can recite the words: "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" Yet the 1966 Supreme Court ruling in Miranda v. Arizona remains the subject of often heated debate‚ and has
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Ernesto Miranda was a poor Mexican immigrant living in Phoenix‚ Arizona‚ during the 1960’s. Miranda was arrested after a crime victim identified him in a police lineup. He was charged with rape and kidnapping and was interrogated for two hours while in police custody. The police officers questioning him did not inform him of his Fifth Amendment right against self-incrimination‚ or of his Sixth Amendment right to the assistance of an attorney. As a result of the interrogation‚ he confessed in writing
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In the Miranda vs Arizona case Miranda established that the police are required to inform arrested persons that they have the right to remain silent‚ that anything they say may be used against them‚ and that they have the right to an attorney. The case involved a claim by the plaintiff that the state of Arizona‚ by obtaining a confession from him without having informed him of his right to have a lawyer present‚ had violated his rights under the Fifth Amendment regarding self incrimination. Miranda
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discussed is Miranda V. Arizona. The importance of this case is that Miranda was interrogated without knowledge of his 5th amendment rights. In this specific case‚ the police arrested Miranda from his home in order to take him into investigation at the Phoenix police station. While Miranda was put on trial‚ he was not informed that he had a right to an attorney. From this the officers were able to retrieve a signed written statement from Miranda. Most importantly‚ this letter stated that Miranda had full
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1. The U.S. Supreme Court’s ruling of Miranda v. Arizona set a precedence on how future suspects would be interrogated. It makes complete sense to advise a person that is being interrogated that he or she has a right to remain silent during interrogation and that he or she has the right to have counsel present during an interrogation. It’s also important that the suspect be fully aware and full understand his or her rights before the interrogation begins. -WRITTEN AND INTERPERSONAL COMMUNICATION-METHODS
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Arizona v. Hicks Citation: 480 U.S. 321 (1987) Facts: A bullet was shot through the floor of Hick’s apartment‚ injuring the man in the apartment downstairs. During an investigation of Hick’s apartment‚ a police found 3 guns as well as a mask. The officer also noticed a stereo system that looked out of place. The officer moved the stereo to see the serial number on it‚ and then called it into the police station. The dispatcher informed the officer that the stereo equipment had been stolen during
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How has Miranda v. Arizona changed the arrest and interrogation process. The Supreme Court of the United States of America often makes decisions‚ which change this great nation in a great way. These changes can affect society in many different ways. In many instances there is dissonance over their decisions and the court itself is often split as to how the views are looked upon. The effect of the Courts decision generates discourse and on occasion‚ violence. This is what happened in the case
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Arizona v. Gant PALS480-Capstone June 20‚ 2012 The Parties • Plaintiff – State of Arizona • Defendant – Rodney Gant • Appellant – State of Arizona • Respondent – Rodney Gant Procedural History • Respondent‚ Rodney Gant‚ was arrested for driving with a suspended license. Subsequent to the search of the Gant’s vehicle officers found cocaine in the back seat. At trial Gant moved to have the evidence suppressed denied that there was probable cause to search the vehicle‚ but did
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focused on non-criminal activities. There are many types of police discretion. The functions of a patrol division of a police department could be easy and challenging. There are different reasons why Miranda v. Arizona was an important court case in relationship to the police. The Miranda v. Arizona case changed things in Law enforcement. The quality of life initiative was policing that was utilized In New York by Mayor Giuliani and his administration around the nineties. (incite-national.org)
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Eng. 1A Opinion 3/11/13 Knowing Rights of Miranda The Miranda Rights process may sound flawlessly‚ but is it really all for show? You and I have seen the Miranda Rights being said countless time on T.V hit shows like; Law & Order and CSI. The Miranda Rights really make the T.V characters sounds authoritative when they apprehend the criminal. All United States citizens should know the Miranda Rights process. Not just hearing the Miranda Rights but how does how the process really goes
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