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Essay On Criminal Justice

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“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…” This is what you hear on all your favorite cop shows. But where did this saying come from? Throughout history, the U.S criminal justice system has always relied on the due process of law to ensure fair treatment in the judicial system. Authority figures work tirelessly and endless hours to follow regulations to assure only criminals are convicted. These regulations, have been a part of the justice system since its creation in 1791, which ensures the equal protection of life, liberty, and property to all citizens -- a citizen’s entitlement. However, in the 1960s, the view that crime must be …show more content…
After an extensive twelve day of investigation, Miranda was eventually caught and was taken into custody for questioning. In the interrogation, he was told he had been identified in a lineup (which turned out to be false) and that he couldn’t leave until a confession was made. Miranda signed his confession with a statement that was already preprinted which indicated he knew his constitutional rights and was voluntarily confessing. Miranda was charged with rape and kidnapping in the first degree. In Miranda’s defense, his attorney had prepared a case around Miranda’s written confession, which the defender focused on his ignorance to his legal right to an attorney during interrogation, claiming his confession was involuntary. The case was overruled because the preprinted confession stated that it was voluntary, and led to Miranda being sentenced to prison for 30 years. (1) His attorney appealed to the Arizona Supreme court, claiming that the officers who interrogated Miranda, violated his fourteenth amendment. Though the appeal did succeed, A writ of certiorari was written to the Supreme Court, where he explained why his incarceration was unconstitutional. The case was eventually sent to the U.S supreme court, where the majority ruled 5-4 in favor of Miranda and allowed for a retrial on the basis that suspects have rights against self-incrimination. By not having a

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