"Once warnings have been given, the subsequent procedure is clear. If the individual indicates in any manner, at any time prior to or during questioning, that he wishes to remain silent, the interrogation must cease." (pp. 473-74). If the interrogation continues and if the suspect confesses, the confession cannot be admitted at the suspect's trial. (p. 471).
Personal Analysis
I think that the Court went too far in ruling that the Fifth Amendment privilege protects criminal suspects during police interrogations. The majority's rationale about protecting a zone of mental privacy is not very convincing. As Amar and Lettow have pointed out, the legal system routinely compels individuals to testify about highly personal or intimate matters that they would prefer to keep private. (1995, pp. 890-91). It seems odd to say, as the Miranda majority did, that such compulsion is wrong in the context of criminal cases, when it is perfectly appropriate in other contexts. It...
Legal Definitions Miranda Rule -- Prohibits the introduction of any testimonial evidence elicited from criminal suspects while under arrest or in police custody unless police first advise them of their constitutional rights to remain silent, refuse to answer questions, and to be represented by an attorney before beginning any custodial interrogation. I have heard this term used frequently in television crime programs. Prosecutor -- Is an attorney employed by the state whose
Other examples in which the Court of the United States notes the Constitution had been violated because the defendant was not guaranteed aid of counsel or legal advisement include the case of Spano v. New York, 360 U.S. 314, No. 326. This again is a case in which the Petitioner was accused and the interrogation was set up to make the Petitioner admit his criminal actions so that incriminating
However, Doherty took the themes of these books as further evidence of Adams' wrong doing, although Adams himself never admitted to anything about being part of the Black Blocs or believing in anarchist ideologies. The only thing Adams sad was that he was an environmentalist, which is why he had been collecting the glass Coca Cola bottles in order to recycle them later when he found an acceptable recycling
The NPC, importantly, controls both legislative and judicial functions -- true to the consolidation of power in communism. When discussing the Chinese judiciary, one must understand there are no juries, only judges; and hearsay is admissible as evidence, unlike the civil tradition. However, in keeping with civil tradition, evidence obtained from documents carries more weight than oral testimony. The judge in a Chinese court is not interested in defending
The Supreme Court however, should not reverse their ruling on Miranda rights, because they are Constitutional rights that every citizen has. The majority of the time, criminals who are less educated will not know of their rights and therefore the institution of Miranda rights is crucial for every suspect to have a fair and equitable treatment from police officers. In order to circumvent Miranda right restrictions an investigator should focus
S. Supreme Court). Following this case, police departments were now required to inform every arrested person of their rights under the law, now called a "Miranda Warning." Many conservatives believed that it was unfair and unnecessary to inform suspects of their rights, rights they should know if an American Citizen. Even President Richard Nixon believed that Miranda made it easier on criminals and harder on police. This view held that the
Our semester plans gives you unlimited, unrestricted access to our entire library of resources —writing tools, guides, example essays, tutorials, class notes, and more.
Get Started Now