... Supreme Court Case Analysis 2 The Miranda v. Arizona was the biggest case ever in the United States. The Supreme Court argued four different cases because of the Miranda vs. Arizona case. These four different cases were heard and it was stated that 3 of the 4 cases had written statements that were admissible in court. In this paper we will describe the facts of the four cases, we will notate when they were argued, we will describe what lawyers argued what side, we will discuss the arguments of counsel about self-incrimination and we will write about why are the cases significant to a right to counsel and self-incrimination. Miranda vs. Arizona, in this case defendant Ernesto Miranda was 23 years old when he was arrested and charged with several crimes including rape and kidnapping. Ernesto Miranda was an immigrant that was living here in the United States of America. During his arrest Ernesto Miranda was notified of his constitutional rights, but in reality he wasn’t supposed to because he was not a citizen so he had no rights. Ernesto Miranda was taken in and then was questioned about the crimes that were committed, after a couple hours of interrogation Ernesto Miranda gave the police a written statement that he signed. In the statement that was signed by Ernesto Miranda it stated that he was aware of his constitutional rights. It was great that his case was overturned by the Supreme Court but after it was overturned...
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...U.S. Constitution – The Miranda Warning Technically, The Miranda Warning is not in the U.S. Constitution. The Miranda Warning came about after Miranda vs. Arizona in 1966. But it refers to the Fifth Amendment right that protects against self-incrimination, or "the right to remain silent". (Cornell) Amendment V “No person shall be held to answer for a capital, or otherwise infamous crime, unless on a presentment or indictment of a grand jury, except in cases arising in the land or naval forces, or in the militia, when in actual service in time of war or public danger; nor shall any person be subject for the same offense to be twice put in jeopardy of life or limb; nor shall be compelled in any criminal case to be a witness against himself, nor be deprived of life, liberty, or property, without due process of law; nor shall private property be taken for public use, without just compensation.” (Mount 2010) Basically, the 5th amendment is to protect people in situations from getting in trouble it even protects ignorant suspects from incriminating themselves. In particular, it stops you from having to speak to the police or testify against yourself before a court, so it is best to keep your mouth shut until you have a lawyer. It also says that the government has to have a reason for arresting you and that you have the right to a trial with a jury, that you cannot be charged with capital a crime (murder) without a Grand Jury's permission, except in cases when you’re in the military...
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...Miranda v. Arizona: Half a Century Later by: September 2nd, 2014 I. INTRODUCTION A. Executive Summary – In 1966, the U.S. Supreme Court deliberated the case Miranda v. Arizona the most important aspect of due process and criminal procedure ever affecting law enforcement and prosecutorial conduct of an investigation. The main issues in this case were: * The admissibility of a defendant’s statements if such statements were made while the defendant was held in police custody or deprived of freedom of movement in a significant way; * What procedures were required to guarantee the defendant’s privilege against self-incrimination according to the Fifth Amendment of the U.S. Constitution? This case is considered the summit of the criminal procedure evolution establishing specific procedures to safeguard the rights of defendants beyond the courtroom and onto the police station. The procedural details and the breadth of civil rights tangled in these four cases, made this decision the pinnacle case in the area of criminal procedure. Nowadays, this decision gave the name to what is widely known as the “Miranda Warnings” which include: 1. The suspect has the right to remain silent, 2. Anything he/she says may be used as evidence against him, 3. He/she has a right to the presence of an attorney during questioning, and 4. If indigent, he/she has a right to a lawyer selected for him without charge. II. STATEMENT OF FACTS RELATING TO THE...
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...Define due process and its origins. According to our text book; "The Due Process is protection against arbitrary deprivation of life, liberty, or property as guaranteed in the Fifth and Fourteenth Amendments." (Wilson, 2009, p. 33). The origins of the due process can be traced back to 1868 thanks to the fourteenth amendment being ratified that year. What is vital to know about the fourth teen amendment is this "No state shall deprive any person life of life, liberty, or property, without due process of law." (Wilson, 2009, p. 33). When I think of due process the first think that comes to my mind is being arrested. During my research on the topic I found some very interesting information in regards to the due process. I found information that states the term due process is much older than 1868. According to Barnabas D. Johnson "The phrase "due process of law" originated in a 1355 restatement of the 1215 Magna Carta, by which for the first time in history (at least in relation to the rights of ordinary people) "the government" — in this case, King John of England — was brought "under the law" ... that is, became subject to something called "the law of the land" which he was not empowered to alter in its fundamental character. This is the origin of the concept of "government under law" as distinct from merely "government by laws";" (Johnson, 2005) I found that information to be unique because more people like myself think of...
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...Constitutional Law: CRJS400 - 1402B - 01 Individual Project: Unit 3 Human Rights Analysis Human Rights Analysis The case of Plessy vs. Ferguson established the separate but equal doctrine that was prevalent throughout life in the South for over fifty years. The case involved a man by the name of Homer Adolph Plessy, who was a colored shoemaker from New Orleans, Louisiana. He was only 1/8 black and 7/8 white, but under Louisiana law he was considered black. It also involved a white Judge by the name of John Howard Ferguson. In 1892 Plessy was asked by the Citizens Committee which was a political group made up of African Americans and Creoles to help them challenge the Separate Car Act, which by Louisiana law separated blacks and whites in railroad cars. If a black was caught sitting in the white section of the cars, they could get either 20 days in jail or a $25 fine. He agreed to help the Committee. On June 7, 1892, Plessy purchased a first-class ticket at the Press Street Station in New Orleans to go to Covington, Louisiana. The railroad didn’t support the Separate Car Law, because of the expense and trouble involved with it. They chose this station for that reason and the station was in on the test as well. He sat in the white only section and waited for the conductor. When the conductor arrived he told him that he was only 1/8 black and that he refused to move to the colored car of the train. A hired detective told Plessy he was violating the law but he still refused...
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...Republican, instructed Secretary of State James Madison to not deliver the appointment. Marbury sued Madison to get the appointment he felt he deserved. He asked the Court to issue a writ of mandamus, requiring Madison to deliver the appointment. The Judiciary Act, passed by Congress in 1789, permitted the Supreme Court of the United States to issue such a writ iii) Supreme Court must decide constitutionality of Judiciary Act c) Decision: i) John Marshall declares Judiciary Act unconstitutional ii) The Supreme Court has the right of judiciary review d) Significance: i) Impact of Marshall Court ii) Strengthened the judiciary in relation to other branches of government iii) Allows Supreme Court to interpret the Constitution and declare laws unconstitutional II. McCulloch v. Maryland a) Issue: i) Supremacy v. State Rights ii) Elastic Clause iii) Whether the state of Maryland had the right to tax a federal agency b) Background: i) 1819 ii) Maryland attempts to tax the national bank of the United States iii) Supreme Court must decide whether the national bank is legitimate under the elastic clause and whether Maryland can tax it c) Decision: i) Federalism ii) National power...
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...In the United States of America, the criminal justice court system is also known as a dual court system. The court system is divided into two groups the federal and state courts. Both have their breakdown of the criminal justice courts. Every state is different and have their own breakdown. The Federal court deals with disagreements that makes the Unites States applicable for example cases that deal with the constitution and federal law or an argument between states. The State court deals with the controversy between the State laws for example marriage, divorce, criminal cases, adoptions (Comparing Federal & State, 2016.) In addition, both of the court systems are unified together, the federal court might hear cases that concerned the state...
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...to be a fellow employee, and using props as evidence. For example, a fraud investigator showed up at HealthSouth posing as an employee. She was meeting with one of the bookkeepers to discuss his involvement in manipulating journal entries totaling $5,000. The fraud investigator thanked him for coming and introduces herself. She mentioned to the bookkeeper that his minimal participation would be easy to correct and that she wanted to prevent future happenings. Near the end of their conversation, the fraud investigator produced a file that contained evidence of the bookkeeper’s fraudulent journal entries (Hoffman 2005). Giving the interviewee the option to leave freely negated the need for the HealthSouth bookkeeper to waive his Miranda Rights. Minimizing the severity of a crime and pretending to be a fellow employee reduced the tension during the beginning of their conversation. Utilizing ambiguity kept the bookkeeper thinking that everything was going to be okay and that he became more complacent to start talking. The fraud investigator’s utilization of the evidence enabled her to obtain a confession, however, the file must be legitimate. Using deception is a legal interview technique, but that does not mean that it is an ethical method of obtaining information. Maintaining integrity is essential during the interview, so, the interviewer needs to decide if utilizing deception is worth the risk. Taking the risk may result in the interviewee calling the bluff as well, which...
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...Connecticut 1965 "Does the Constitution protect the right of marital privacy even when the state has restrictions on the use of contraceptives?" "The court ruled in favor of the couple, and said that the state's restriction on the use of contraceptives infringed on the right to marital privacy." "Women now have the right to use contraceptives and this court ruling was the basis for other and later cases involving reproductive rights." New York Times v. Sullivan 1964 "Was The New York Times free speech rights protected with the printing of an advertisement that was not completely accurate"? "The Supreme Court ruled in favor of The New York Times, stating that the newspaper had the right under the first amendment to publish the advertisement." "This case meant that media outlets were protected by there first amendment rights and it made it harder for people, especially public officials to sue for libel." Miranda v. Arizona 1966 "Does the police interrogating a suspect without letting them know their constitutional rights violate the fifth amendment?" "The court ruled that the prospection could not use Miranda's confession because the police did not inform him of his right to not self incriminate himself and his right to an attorney." "Criminal suspects now have to be informed of their constitutional rights, which include the right against self-incrimination and the right to an...
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...being arrested. Juveniles get arrest, police need to make a quick decision whether to let the juvenile go or have the juvenile go to court, but going to court only depends on the crime that the juvenile has committed. “Cases involving serious crimes against property or persons are often referred to court. Less serious crimes, such as disputes between juvenile, runaways, and assaults of minors are often redirected from court action (Clarke, 1999)”. “In most state the policies and procedures of arrest remain the same for juveniles and adults” (Michon, 2015). Since minors are not adults there case does not go in the public eye, instead a judge makes all the decision in their cases. When a juvenile is place in custody with the law, certain legal right come in play, for...
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...Week 1 * Do you trust the government to do the right things most of the time? It’s all really based on you opinion * a 2000 study of undergraduates showed that 64% did not trust the government Why do we care if people are turning out to vote? * Voter turnout is a sign of political efficacy as well as engagement * People who are engaged are more informed, more likely to communicate with their representatives, more likely to advocate for their interests, and hold public officials accountable for their actions. Political culture * The people’s collective beliefs and attitudes about government and political processes * What is it that binds us together as Americans? * Our political ideologies * Our political values – liberty, capitalism, equality, consent of the governed, individualism Ideology * Political ideology is an integrated system of ideas or beliefs about political values in general and the role of the government in particular * Ideology provides a framework for thinking about politics and policy preferences Ideologies * Modern liberalism is associated with ideas of liberty and political equality: * Tend to favor chance in social, political and economic realms to better protect individuals and produce equality What is the constitution? * Fundamental principles of a government and the basic structures and procedures Two US Constitutions * Articles of confederation ( 1781-1789) * Constitution of...
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...Principles of Measurement Mosso member of the FASB FASB’s Conceptual Framework project over the period 1973-1985 Define measurement Measurement is the assignment of numerals and other symbols to represent the magnitude of an attribute of a phenomenon Phenomenon A thing or event of interest E.g. a table, a performance, an exam Attribute A characteristic or quality of the phenomenon to be measured Magnitude The extent to which the phenomenon has the attribute Often we can’t directly observe a phenomenon of interest We need to find a substitute Direct observation- the only time we can accurately observe the attribute and phenomenon How happy is the baby? Phenomenon-baby Attribute-happiness Can you measure this attribute directly? NO Smiles per hour Laughter per day Financial Statements: When investors focus on a company’s net income, is net income necessarily the investors’ attribute of interest Firm performance Firm future performance What two things do accounting measures often represent Performance- what have we done? Position- what do we have? Business Strategy and Accounting USSBA Too many teams to manage What is strategy according to Porter? Strategy is creating a fit among an organization’s activities (to enable it to realize its goal or mission). The success of a strategy depends on doing many things well and integrating among them Operational Effectiveness versus Strategic Positioning Operational effectiveness Performing similar activities...
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...1/13/16 The Basics of the Legal System – Chapters 1 & 4 Sources of Law in the U.S 1. The Constitution * The U.S. Constitution is the supreme law of the land * The U.S Constitution establishes the federal government and enumerates its powers * The body of the constitution * Creates the three branches of government and grants certain powers to each branch * The amendments to the constitution * Protect individual rights by putting limitations on the governments ability to act in certain ways * Amendments protect the government, not private individuals The Legislative Branch * Created by Article 1 of the Constitution * House of Representative * Senate * Responsible for the creation of new laws * Congress is generally responsible for where the money comes from and where the money is spent * All statutes start as BILLS * Bills must be passed by both the House and the Senate * Bills that pass both houses must be signed into law by the president or.. * The president can VETO the bill * If signed by the president the Bill becomes a STATUTE 2. Statues, Codes and Ordinances * Statutes are enacted by Congress and state legislatures * Ordinances are enacted by municipalities and local government agencies * Code = Codified Law = Statute The Executive Branch * Created by Article 2 of the Constitution * President * Vice President * Cabinet Members * Responsible...
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...kicked out of the house. During this time she was spending more time way from the house and traveling alone around the country under assumed names and living in the woods. In the early 1980’s Wuornos found out that her brother died of cancer, this is when she moved to Florida and began working as a prostitute. She began getting into trouble with the law for being a prostitute and other crimes, including that illegal possession of a firearm, forgery, assault, and robbery. (Capital Punishment in Context, n.d) People that knew her would describe her as erratic and easily angered. In 1986, Wuornos met her girlfriend Tyria Moore in a bar in Daytona Beach, Florida. From this point they began a very intense romantic relationship that ended right before Wuornos when to jail for the final time in 1991. This relationship with Moore was Wuornos second relationship with a woman; however as a prostitute she only had middle aged, low to middle class white men as her clients. (Capital Punishment in Context, n.d) Moore and Wuornos life was very fast paced, and they moved around a lot, either from one hotel to another or apartment to another. Tyria did work from time to time, however she was very content on Wuornos support through her prostitution income. (Belge, 2014) Together the two had stolen items that were in a Florida pawnshop. During the investigation the police discovered items belonging to Richard Mallory, one of the victims, at the pawnshop with the receipt showing Wuornos...
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...background information about some of the critical ways in which the American legal system is unique, and differs from legal systems elsewhere in the world. This is hard: often you will find that your professors or fellow‐students will make assumptions or presuppose certain ways of doing things that aren’t explained in class. A large goal of this course is to explain those assumptions, and make them explicit. >> UNIQUENESS OF AMERICAN LEGAL SYSTEMS Briefly, there are four aspects of the American legal system that set it apart: 1) Inherited common law, existing out of three components: (a) judicial power; (b) civil jury trial; (c) law‐equity ; 2) Written Constitution and Bill of Rights; judicial...
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