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 evidence could be collected and used in the preliminary trials. Once again however, the law enforcement agents involved failed to provide the individual their fair rights as defined by the Miranda ights and the right to an attorney to counsel the individual before interrogation takes place.
It is important to note also in many of these cases the Supreme Court notes many Petitioners are intimidated by the legal system and "forced" into confessing or admitting their crimes. While this may seem…...

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References

Bram v. United States, (1946), 168 United States 532, No. 562.

Clymer, S.D. (2002), Are police free to disregard Miranda? Yale Law Journal, 113(3): 268.

Columbia Law Review, (1961 April), Post-indictment questioning in absence of counsel violates due process requirements, Columbia Law Review, 61(4): 744-48.

Corey v. United States, 375 U.S. 169, (1963), Available

Miranda Rights hould Be Available to Individuals Detained by Private ecurity
Most people are familiar with so-called "Miranda Rights" that are named after the 1968 upreme Court decision in Miranda v. Arizona. Fewer people actually understand what those rights actually are or why they are important. pecifically, Miranda does not actually require police to "read rights" to suspects or prohibit them from questioning suspects and arrested persons. Instead, Miranda imposes a penalty only after the fact, by excluding from admissibility at the criminal trial of any statements made by defendants after their arrest unless they were first advised of their constitutional right not to speak to police and of their constitutional right to be represented by an attorney. Another thing that most people do not understand about "Miranda rights" is, like most other constitutional rights, they only apply to government authorities and not to private entities such as security personnel employed…...

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Sources Consulted

Schmalleger, F. (2009). Criminal Justice Today: An Introductory Text for the 21st

Century. Hoboken, NJ: Prentice Hall Publishing Co

Zalman, M. (2008). Criminal Procedure: Constitution and Society. Princeton, NJ:

Pearson Publishing Co.

ight to Counsel
To whom it may concern,

This memo serves to inform and educate on what is commonly known as the "right to counsel". Even if criminals caught red-handed are not the Constitutional scholars that they think they are, anyone accused of and/or arrested for a crime does have a right to counsel. Before getting into when the rights to counsel become guaranteed and enforceable, the rights themselves should be discussed and the genesis of how they came to be should also be covered. The Miranda rights are as follows:

• You have the right to remain silent

• If you do say anything, it can be used against you in a court of law

• You have the right to have a lawyer present while you are being questioned

• If you cannot afford a lawyer, one can be appointed for you if you desire

The Miranda rights came to be due to a rape…...

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References

Dolan, M. (2013). Murder conviction voided over Miranda rights violation. latimes. Retrieved 14 May 2017, from  http://articles.latimes.com/2013/oct/29/local/la-me-miranda-murders-20131030 

Doney. (2017). Ernesto Miranda. Doney.net. Retrieved 14 May 2017, from  http://doney.net/aroundaz/celebrity/miranda_ernesto.htm

Miranda ights
Miranda

THE POS AND CONS OF THE MIANDA IGHTS

Protection against self-incrimination is undoubtedly one of the most basic rights as described in the laws and codes of the American legal system. In the past, this right was often completely abridged, for those that were accused of a crime would be forced to confess their guilt through various forms of torture. But under American law, the protection against self-incrimination infers that a person is innocent until proven guilty in a court of law by his/her peers or judges and that the government or some other legal body must prove their guilt via a fair and balanced trial.

In Miranda v. Arizona (1966), one of the best examples of the decisions laid down by the Warren court, it was determined that "in order to secure criminal suspect's Fifth Amendment protection against self-incrimination, the police must advise suspects in custody, before any questioning takes…...

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REFERENCES

Ashworth, Andrew. (1999). Principles of Criminal Law. New York: Oxford University Press.

Day, Frank D. (1964). Criminal Law and Society. Springfield, IL: Charles C. Thomas.

Dix, George e. (1973). Criminal Law: Cases and Materials. New York: West Publications.

Gay, Peter B. And Richard H. Prunier. (1967). The Policeman and the Accused: Search and Seizure and Rights of the Accused. MA: Cambridge University Press.

Miranda ights
Scenario #1

In 1966 the Miranda v. Arizona case ushered in the era of police informing suspects of their constitutional rights under the Fifth Amendment to the Constitution. This case is universally accepted as critical to protecting the rights of suspects while in the custody of the police, however, the impact on the effectiveness of the police is not usually discussed. In a 1998 study John Donohoe discussed the empirical evidence which supported the argument that the imposition of Miranda rights significantly hampered the effectiveness of the police to clear cases. But while he admitted that there were statistical drops in the clearing of cases by police, he could not make a direct connection between that and Miranda. (Donohoe, 1998) In effect, the imposing of the Miranda rights warning does not impede the police and their attempts to catch criminals.

What the Miranda rights warning does is lessen the likelihood that…...

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References

Dickerson v. United States, 530 U.S. 428 (2000). Retrieved from  http://scholar.google.com/scholar_case?case=12360733536043994298&hl=en&as 

_sdt=2&as_vis=1&oi=scholarr

Donohoe, John. (1998). "Does Miranda Diminish Police Effectiveness." Yale Law

School Legal Scholarship Depository. Retrieved from  http://digitalcommons.law.yale.edu/cgi/viewcontent.cgi?article=1066&context=

Miranda ule's effectiveness in America today [...] why the Miranda is well tailored to guard against constitutional violations, and will present an argument for the Miranda rule. The Miranda ule, first adopted in 1966, is still a contentious ruling in today's criminal justice system. While some critics of the rule feel it is not a deterrent to coercion of information from a suspect, most experts believe the Miranda ule was created with a solid foundation to help ensure a suspect's rights are not violated and the information from any suspect is admissible in court. The Miranda ule guards the criminal justice system just as well as it guards against rights violations and because of this, it is vital to the quick and efficient trying of cases. The Miranda ule is controversial, but it is a necessity in modern policing, and it helps both the suspect and the police.
The Miranda…...

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References

Author not Available. "The Miranda Rule." FindLaw.com. 2002. 6 Dec. 2003.  http://cobrands.public.findlaw.com/newcontent/flg/ch14/st3/mc1.html 

Bradley, Craig M. The Failure of the Criminal Procedure Revolution. Philadelphia: University of Pennsylvania Press, 1993.

Carrillo, Silvio. "Do Miranda Rights Create a Loophole for Criminals?" SpeakOut.com. 3 Feb. 2000. 6 Dec. 2003.  http://speakout.com/activism/issue_briefs/1148b-1.html 

Godsey, Mark A. "Miranda's final frontier, the international arena: a critical analysis of United States v. Bin Laden, and a proposal for a new Miranda exception abroad." Duke Law Journal 51.6 (2002): 1703+.

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 upon questions that allow suspects to explain their situation and reveal information that they would otherwise not have revealed. An investigator should focus on information such as their name, date of birth, address and other biographical information, collection of such information is legal under Miranda rights at the same time they convey to the suspect that they are still going to be questioned, and that Miranda rights do not give them unequivocal blank check to not talk to the police.…...

Right to Counsel
In the United States, the right to counsel is guaranteed by the 6th Amendment to the Constitution. Right to counsel is the civil right of an accused person to seek the aid of an individual who is an expert in the law of the land. Often when a person finds him or herself in a position where they are a defendant in either a civil or criminal court, they need to utilize the skills of someone who understands the law. ithout this right, the accused would be at a decided disadvantage against prosecution who are trained and employed in the field of the law. The present law of the United States is that a person may employ an attorney to represent him or her in a court. If a person is unable to afford an attorney, then counsel will be appointed to that person and paid for by…...

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Works Cited:

Crawford, Kimberly. "The Sixth Amendment Right to Counsel." FBI Law Enforcement Bulletin.

2001.

"Powell v. Alabama." (1932).

"Revolutionary War and Beyond." (2011). Retrieved from http://www.revolutionary-war-and-

Miranda uling: Its Past, Present and Future
In almost all cases, the Miranda ruling of 1966 applies to police interviews with criminal suspects, although other Supreme Court decisions extend some of the rights to legal counsel and prevention of self-incrimination to public and private employers. According to the Supreme Court, the Miranda Warnings must be given prior to questioning to all persons who have been arrested and are in police custody, although one loophole "permits the police to question suspects without giving them their Miranda rights in those settings where it is unclear whether custody is present" (Wrightsman and Pitman 2010). In addition, suspects might not understand all these rights, especially because local and state police forces around the United States use hundreds of different versions of these rather than one standard set of warnings. At times, police training manuals also advise officers how to avoid giving the warnings or…...

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REFERENCES

Hoffmann, C.D. (2005). "Investigative Interviewing: Strategies and Techniques." International Foundation for Protection Officers, August 2005.

Niehaus, L. "The Fifth Amendment Disclosure Obligations of Government Employers when Interviewing Public Employees." Northern Kentucky University, Salmon P. Chase College of Law, March 22, 2008.

Wrightsman, L.S. And M.L. Pitman (2010) The Miranda Ruling: Its Past, Present, and Future. Oxford University Press.

The fact that Fred was eventually allowed to leave is less important in that determination than Fred's state of mind and reasonable belief about whether or not he was still free to leave once the police informed him that he was actually a suspect in Wilma's murder (Dershowitz, 2002; Zalman, 2008).
Search and Seizure and Unlawful Arrest Issues:

The fact pattern does not make clear whether or not the police actually conducted a search of Fred's home or were merely "bluffing" to induce cooperation from Fred. Assuming that no such unwarranted search was actually being conducted, there was no impermissible search and seizure of Fred's home. Provided Fred still (reasonably) believed that he was free to terminate the interview and leave when he volunteered the confession, that evidence should not be excluded under Miranda (and related) doctrine and principles.

However, the police did seize Fred's vehicle, which was an impermissible violation of…...

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References

Dershowitz, A. (2002). Shouting Fire: Civil Liberties in a Turbulent Age. New York:

Bantam Books.

Friedman, A. (2005). A History of American Law. New York: Touchstone.

Schmalleger, F. (2008). Criminal Justice Today: An Introductory Text for the 21st

Dershowitz and others have pointed out, rightfully, that Miranda principles were designed to prevent the use at trial of evidence obtained improperly and that the prevention of mass casualties may constitute a sufficiently important goal to suspend certain constitutional issues. In that regard, even the terrorist is entitled to the same protections against self-incrimination and prosecution using illegally-obtained evidence of guilt. However, the legitimate need to protect the public from wide-scale death and destruction may be another matter entirely.

Dershowitz (2002) outlined the principles for designing a "torture warrant" in connection with which authorities may interrogate suspects known to possess information necessary to prevent mass casualties and loss of innocent life in imminent terrorist attacks through means ordinarily strictly prohibited by the Constitution and the laws applicable to all fifty American states. The fundamental distinction is that those efforts would relate to securing information for the purposes of preventing mass casualties…...

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References

Dershowitz, a. (2002) Why Terrorism Works.

New Haven: Yale University Press.

Dershowitz, a. (2002) Shouting Fire: Civil Liberties in a Turbulent Age.

New York: Little Brown & Co.

Criminology
In the first place it is odd that the dispatcher did not have a better description of the vehicle that was reported stolen. And why would a young Hispanic male driving a late model "foreign car" -- in this case, a BM -- be a suspect, since the officer doesn't know a license number or make or model of the car? And how is it that when the officer has called in to check the license plate, by now the car has been identified as having been stolen? Needless to say this could have been construed as a racial profiling, and in some cases a defense attorney might try that angle, but that is not the most important element of this scenario. hat is considered important is what the defense lawyer will present in court, and how the prosecuting attorney will argue his case.

Facts of the Case

The officer in this…...

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Works Cited

Findlaw.com. "Miranda Warnings and Police Questioning." Retrieved March 12, 2014, from   2012.http://criminal.findlaw.com .

Ohio Bar Association. "Police Must Give Miranda Warnings." Retrieved March 12, 2014, from http://www.ohiobar.org.

The idea of remaining silent when faced with accusation has historical religious and legal roots. Moses teachings', transformed to written form by the ancient Talmudic law had a complete ban on self-incrimination. The self-incrimination law could not be changed because it was viewed to contravene the natural instinct for survival. The ancient common law rule also had it that confusions must be voluntary. When the right to remain silent was included in the Fifth Amendment of the U.S. constitution, it was tied to a complicated and controversial history. The Supreme Court has applied three tenets in the constitution to evolve rules that govern police interrogation and the confession process. These three include the Sixth Amendment on the Right to Counsel, the Fourteenth Amendment clause on due process and the Fifth Amendment on Self-incrimination clauses. Each of these provisions has led the police to handle interrogation and confessions in varying ways…...

In the 19th century, the idea and definition of rights was extended by calls for social and economic rights that came on the tail of rapid industrialization. This new era of rights was based upon the utilitarian idea of obtaining the greatest good for the greatest number of people. This included a discussion of property ownership, both private and common, and the ideas of public of rights and private responsibility (Nuncio).

By the 21st-century, the idea of rights has been transformed into a global political order based on constitutionalism and positive legalism. In a climate that supported the international will to maintain peace, the world's nations largely adopted a single agreement to ensure such rights. This agreement, the United Nation's Universal Declaration of Human Rights, was adopted in December of 1948 (Nuncio). This Declaration included provisions for both rights of nations, and the rights of individuals (Human Rights eb; a Summary).…...

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Works Cited

Fagan, Andrew. Human Rights. in: The Internet Encyclopedia of Philosophy, James Fieser, Ph.D., and Bradley Dowden, Ph.D., eds, 2004. 13 October 2004.  http://www.iep.utm.edu/h/hum-rts.htm 

Human Rights Web. A Summary of United Nations Agreements on Human Rights, 1997. Last edited on January 25, 1997. 13 October 2004.  http://www.hrweb.org/legal/undocs.html 

Human Rights Web. Short History of the Human Rights Movement, 1997. Last edited on January 25, 1997. 13 October 2004.  http://www.hrweb.org/history.html 

Nuncio, Rhod V., Prof. An ESSAY on the POWER DISCOURSE of RIGHTS: The History, Politics and End of Human Rights. Diwatao, Vol. 1 No. 1, 2001. 13 October 2004. http://www.geocities.com/philodept/diwatao/rights_discourse.htm

Criminal Justice & Criminology
Has the Miranda vs. Arizona ruling decreased the percentage of arresting official violations of defendant Fifth Amendment rights?

(ian)

CJ327W esearch Methods in Criminal Justice

The Miranda vs. Arizona ruling has attracted notable attention to the treatment of the accused in the hands of the law. Specifically, the ruling affirmed the rights to the accused under the law and to the legal rights of the accused. The research was to reveal the degree of law enforcement lack of enforcing the Miranda rights to the accused. A questionnaire presented to four group types that have a stakeholder interest in the law enforcement and legal rights aspect of the case was distributed to determine the activity relevant to Miranda enforcement process. The findings are expected to reveal abuse within the system and a notable increase in the Miranda violations for the accused.

Purpose & Audience

The Miranda vs. Arizona (III, G.C.T., 2000) decision…...

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References

Allen, H. (1967). Miranda v. arizona: Is it being applied? Criminal Law Bulletin, 3(3), 135-1441. Retrieved fromhttp://search.proquest.com/docview/55778946?accountid=13044

A, M.N. (1971). The court and local law enforcement: The impact of miranda Sage, Beverly Hills, Calif. Retrieved fromhttp://search.proquest.com/docview/55776023?accountid=13044

Brazier, Alex. "The people on the bus get searched and seized: why police conduct in suspicionless bus sweeps should be circumscribed." George Washington Law Review 78.4 (2010): 908-941. Criminal Justice Collection. Web. 22 Feb. 2011.

H, A.S. (1971). Police authority and the rights of the individual Arc Books. Retrieved fromhttp://search.proquest.com/docview/55779413?accountid=13044

1. The history and significance of Miranda Rights in the United States
2. The impact of Miranda Rights on law enforcement practices
3. The evolution of Miranda Rights in Supreme Court decisions
4. The debate surrounding the effectiveness of Miranda Rights in protecting individuals' rights
5. The implications of Miranda Rights on the criminal justice system
6. The role of Miranda Rights in ensuring a fair trial for suspects
7. The challenges and limitations of Miranda Rights in practice
8. The relationship between Miranda Rights and the right to remain silent
9. The role of Miranda Rights in promoting due process and protecting against coercive interrogation techniques
10. The....

Miranda Rights: A Cornerstone of Criminal Justice

Introduction

Miranda rights, enshrined in the landmark 1966 Supreme Court decision Miranda v. Arizona, have played a pivotal role in safeguarding the rights of individuals accused of crimes. This essay will explore various topic ideas related to Miranda rights, examining their historical significance, legal implications, and impact on criminal justice.

Historical Evolution

The development of Miranda rights: Tracing the legal precedents that led to the Miranda decision.
The impact of the Warren Court: The role of the Supreme Court under Chief Justice Earl Warren in expanding Miranda protections.
Miranda in the context of other constitutional amendments:....

Complexities of Capital Punishment

1. Ethical and Moral Implications: Explore the ethical and moral dilemmas associated with the death penalty, considering arguments for and against its use based on concepts such as retribution, deterrence, and the sanctity of life.

2. Racial and Economic Disparities: Analyze the racial and economic disparities in the application of the death penalty, examining the role of systemic racism and socioeconomic factors in sentencing outcomes.

3. Psychological and Neurological Aspects: Discuss the psychological and neurological implications of the death penalty, including the mental anguish it inflicts on individuals sentenced to death and the potential for irreversible mistakes in sentencing.

Debating....

Recent Supreme Court Decisions and Their Impact on the Criminal Justice System

The Supreme Court of the United States (SCOTUS) plays a pivotal role in shaping the criminal justice system through its decisions on constitutional rights, prosecutorial practices, and sentencing guidelines. Recent years have witnessed several significant SCOTUS rulings that have had a profound impact on the system, shaping the way criminal cases are investigated, tried, and adjudicated.

Miranda Rights and Police Interrogations

Miranda v. Arizona (1966): Established the "Miranda rule," requiring law enforcement officers to inform suspects of their rights to remain silent, have an attorney present, and stop being questioned....