OFFICER TAYLOR WAS NOT REQUIRED TO GIVE THE DEFENDANT MIRANDA WARNINGS ON THE STAIRCASE BECAUSE THE INVESTIGATORY QUESTION WAS CONDUCTED PURSUANT TO THE PUBLIC SAFETY MIRANDA EXCEPTION. The public safety exception is a narrow exception to the Miranda warnings where police officers can and will distinguish situations between necessary to their secure their own safety or the safety of the public and questions solely to elicit testimonial evidence from a suspect. (New York v. Quarles (1984) 104 S.
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Hernandez V Texas was a case trialed against Pedro Hernandez for the murder of a man who went by Joe Espinsona. Whilst Hernandez was being trialed, he and others decided to challenge what they knew as “the systematic exclusion of persons of Mexican origin from all type of jury duty in at least seventy counties in Texas.” With that, the Supreme Court appealed to Hernandez's conviction based on the fact that Mexican Americans were treated as a class and subject to social discrimination in Jackson
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INTRODUCTION The People of the State of California oppose the defendant’s motion to suppress evidence. Introducing evidence of the defendant’s admission to attempted robbery would not violate his fifth Amendment rights because he was not in custody while being questioned by the officer. In fact, during the short and informal questioning defendant was not even handcuffed. Introducing evidence of the methamphetamine found in the defendant’s RV would not violate his Fourth Amendment rights because
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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
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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
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dramatic ways. Warren Court Cases | 1954 Brown vs the Board | Based on 14th Amendment- ended segregation and overturned Plessey vs Fergusson | Baker v. Carr and Reynolds v. Sims 1962-4 | Based on the 14th Amendment- asserted the right of all votes to be of equal value- and lead to reapportionment across the USA. | Gideon v. Wainwright,1963 Miranda v. Arizona, 1966 | Right to legal representation and to be informed of rights. The ‘Miranda warning’ | Engel v. Vitale 1962 | Outlawed school
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rural voters previously had more influence because their Congressional districts were smaller while urban districts were larger Mapp v. Ohio- police could not use evidence unlawfully obtained Gideon v. Wainwright- right to an attorney Miranda v. Arizona- Miranda rights Engel v. Vitale and Abington School District v. Schempp- schools could not mandate or encourage prayer or Bible study Griswold v. Connecticut- states could not ban birth control- restricted right to privacy Cold War 1959- Castro
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Fiction vs. Reality Jessica Nefedov University of Phoenix The United State’s judicial system is one that controls the everyday sentencing and hearing of cases. These cases range from civil matters, such as divorce, evictions, small claims and child custody to misdemeanors and felonies. Misdemeanors and felonies are criminal cases. Our Judicial system is made up of three branches of government; the Legislative branch which examines, debates and votes on bills, the
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Chapter 1 British Policy Incites a Rebellion - 1756-1763, Britain and France were in the Seven Years’ War, a conflict that had involved all major European powers. - Sugar Act (1764)- Including increase on taxes on imported goods such as molasses, coffee, and textiles. Monarchy: One person in charge. Very efficient, poor decisions. Oligarchy: Small group of people in charge. Can take form of a dictatorship. Nazi, Soviet Union (A junta: in charge of military small groups can also be a small group
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Page 1 Unit 1- Individual project Isabel Hernandez CRJS101 July 26th 2013 Guillermo Samudio Page 2 The local law enforcement agencies main purpose is to provide patrol, uphold the laws of the jurisdiction and to investigate local crimes. The local law enforcement includes differing agencies like the municipal (local police departments), county (local sheriff department), regional and tribal (local reservation police department) police that get there authority from the local government
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