Abstract An examination of the Bill of Rights and how it extends the protection of the civil liberties to the population, with emphasis on the First, Fourth, and Sixth Amendments, and a description of a public policy implemented to protect the constitutional rights of suspects, when interrogated by the police. The Bill of Rights and Civil Liberties The Bill of Rights is the first initial inclusion of laws to the Constitution, collected as the first ten amendments out of a total of 27 other
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only offered his shotgun for ballistic testing, he accompanied the police to the station for interrogation. A consensus by both parties qualified the interrogation session, which lasted for one hour as noncustodial, and did not involve assertion of Miranda warnings. The defendant answered most of the questions in the interview, but remained silent and tensed on the question on whether there would be possible matching of his shotgun and the shells at the scene of murder. During the trial,
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“California recognizes imperfect self defence in homicide cases where the killing resulted from an “actual but unreasonable belief in the necessity to defend against imminent peril to life or great bodily injury” CALJIC No. 5.17 (1995) Menendez v. Terhune (2005). According to the Menendez v. Terhune Journal, “Under California law, a defendant is entitled to a jury under instruction only if substantial evidence, or “evidence sufficient to deserve consideration by the jury,” supports the giving of
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II. APPELLANT 'S SIXTH AMENDMENT RIGHT TO COUNSEL WAS PROTECTED WHEN APPELLANT 'S COUNSEL WAS PRESENT DURING THE LINE-UP PROCESS AND POLICE INTERVIEW IS NOT A CRITICAL STAGE OF THE CRIMINAL PROCEEDING WITHIN THE ASSISTANCE OF COUNSEL GUARANTEE OF THE SIXTH AMENDMENT BECAUSE THERE IS NO FACE TO FACE CONFRONTATION The Sixth Amendment states that the accused shall enjoy the right to the assistance of counsel for his defense in all criminal procedures. However, police interview is not a critical stage
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sure many of them would care to admit. This outcome can often be attributed to the defendant’s incompetency about their rights upon arrest prior to interrogation. Following the ruling in Miranda v. Arizona (1966) at the time of arrest, law enforcement officials are required to inform the defendant of their Miranda rights before the officers can interrogate the defendants, these rights are as followed; You have the right to remain silent, if you give up that right anything you say can and will be used
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self-incrimination. Next let me briefly explain the Miranda v. Arizona case. In 1963, Ernesto Miranda was arrested for kidnapping and rape. After several hours of being interrogated, Miranda finally confessed and agreed to sign a written statement that included a typed disclaimer stating he had full acknowledgement of his legal rights to include understanding that any statements can be used against him and that he voluntarily waived his rights. In actuality, Miranda did not have an attorney present during
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The Miranda decision is that the prosecution may not use statements, whether exculpatory or inculpatory, stemming from custodial interrogation of the defendant unless it demonstrates the use of procedural safeguards effective to secure the privilege against self-incrimination." (Zalman, 2008, p. 386). The Miranda decision allows an individual his or her Fifth Amendment rights which are the rights of self-incrimination and the Sixth Amendment the right to an attorney. The Miranda decision impacted
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kids. Michael was then later taken into the police department for questioning. They interrogated him for 12 hours in 3 days. Michael Crowe was interrogated without his parents’ consent. He was just a child why would he be interrogated without his Miranda rights and without parent consent? Escondido Police Department wanted to find a killer and what better person that Michael, Stephanie’s brother who didn’t know what was going on. They forced Michael into self-incrimination although he kept on telling
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DESCRIBE INSTANCES WHEN THE MIRANDA WARNINGS ARE NOT REQUIRED. The Miranda warning is part of a criminal procedure rule that law enforcement is required to administer to protect an individual who is in custody and subject to direct questioning or its functional equivalent from a violation of his or her Fifth Amendment right against compelled self-incrimination. Generally, no Miranda warning is required if the suspect is not held in custody for criminal-investigative purposes. A citizen not in
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of the case merit a Miranda notification" (Pruett, 2011). Miranda rights for minors are different from the Miranda rights of adults. In the case J.D.B versus North Carolina, police stopped and questioned the 13-year-old seventh grade student when they saw him near the site of two home break ins. The child was also later question at the school behind to close doors with an officer and two school officials and was never told that he was allowed to leave the room, given a Miranda warning or given the
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