given in order to protect the constitutional rights of the suspect. Miranda warnings also ensures comments made by a suspect are admissible in a court of law. If the suspect is made aware of his or her rights, and choose to waive them, any incriminating statements can be used against them. If they waive the right to an attorney, they can be questioned without an attorney coaching them. A suspect may also, at any time during interrogation, request counsel. At this time, questioning must stop until the
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addressing international legal and ethical issues. This paper discusses many of the issues involved in resolving legal disputes in international transactions. Some of the issues discussed include selecting local counsel, fully understanding the foreign laws, due diligence, and choosing the right law and dispute resolutions. This paper also highlights some of the factors that could possibly work against CadMex when it comes to its decision on sublicensing agreements. Some of the factors discussed in
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to balance the rights of accused criminals against society’s interest in imposing punishments on those convicted of crimes. This tension is illustrated by the debate over whether defendants have the right to be represented by an attorney. Most Americans are familiar with the Miranda warning, which advises suspects of their rights that are guaranteed by the Fifth and Sixth Amendments: Criminal suspects have the right to refuse to answer questions from police; they have the right to an attorney;
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indigent defendant in capital cases. Therefore, Gideon represented himself in trial, he was found guilty and sentenced to five years in prison. Gideon then filed a habeas corpus petition in the Florida Supreme Court arguing that his constitutional rights
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Case Brief #4 I. Citation: Montejo v. Louisiana, 556 U.S. 778, 129 S.Ct. 2079, 173 L.Ed.2d 955 (2009) II. The Relevant Fact Petitoner Montejo waived his right and was interrogated at the sheriff's office by police detectives thought the late afternoon and evening of September 6 and the early morning of September 7. On September 10, Montejo was brought before a judge for what is known in Louisiana as a "72-hour hearing" a preliminary hearing required under state law. Letter that same day, two
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civil rights law as well as in the area of civil liberties—specifically, the rights of the accused as addressed in Amendments 4 through 8. In the period from 1961 to 1969, the Warren Court examined almost every aspect of the criminal justice system in the United States, using the 14th Amendment to extend constitutional protections to all courts in every State. This process became known as the “nationalization” of the Bill of Rights. During those years, cases concerning the right to legal counsel, confessions
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Unofficial translation October 1, 2005 LAW ON THE PROTECTION OF THE RIGHTS OF THE CHILD May 5, 1996 Ulaanbaatar CHAPTER ONE General provisions Article 1. Purpose of the law The purpose of this law is to regulate the relations with regard to the protection of the rights of the child. Article 2. Legislation on the protection of the rights of the child 1. The legislation on the protection of the rights of the child shall consist of the Constitution of Mongolia, Civil Code
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that the feeding tube be inserted despite her refusal to allow it. Her ex-husband wishes to uphold June’s decision. The hospital administrators seek risk management for legal counsel. Utilize your Showalter textbook and at least two other sources to answer the following questions: 1. Explain how the Patient Bill of Rights applies to this situation. The U.S constitution is called the supreme law of the land because it sets standards against which all other laws are judged. The constitution is
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Legal Risk Exposure and Responses Traditionally, Riordan Manufacturing Company legal counsel interacts primarily with executive management and the board of directors to report on existing, pending, and probable litigation. Although this responsibility continues to be critical, it is imperative that there be an increased presence of legal counsel to the internal organization. It is important for counsel to act as an internal company consultant to help reduce legal risks. Activities include circulating
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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
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