Technology and Law Enforcement Essay words - 7 pages stalking and sexual predating to cell phone cloning.
Arizona The background of the case rotates in depth on issues pertinent to the rights to be granted an attorney and self-incrimination as enshrined in the 5th amendment under the United States constitution.
The 5th amendment privilege in text provides that, no suspect will be compelled to answer for any capital or infamous crime, unless directed or indicated by the relevant Grand Jury.
The only exception being granted to ceases in land and naval spaces that fall under the militia sphere of interest.
To be precise, the case is characterised with admissibility of confessions obtained from a suspected criminal via police interrogation while in their custody and the necessity for procedures to insure all individuals suspected to have committed a reported crime are accorded their privilege under the 5th amendment.
The background of the case if investigated in substance is not an innovation in Criminal Jurisprudence. It is the application of principles rarely used and recognized in criminal settings. These rights in the words of Justice Marshall are secured to approach immorality as nearly as established institutions can dare it.
The previous system of odious interrogation that brought about unfair incrimination consequently led to the demand for total abolition of that system. Criminal law procedure change in this case was not founded upon no statute of judicial opinion, but upon a general and silent acquiescence of the courts in popular demand.
Though the system was originally adopted, it became firmly embedded in American Jurisprudence and became clothed in the United States with the impregnability of a constitutional enactment.
The case has an origin in a protest against the inquisitorial and manifestly unjust methods of interrogating accused persons. While the admissions of confessions of the accused person swhen voluntarily and freely made, have always ranked high in the scale of incriminating evidence, such a reason cannot be sufficient to suffice an exemption to violate rights granted under the United States constitution.
However the background case has intent to lay down precedent that dictates authoritatively that no prosecution may use statements, whether exculpatory or inculpatory, stemming from custodial interrogation of the defendant unless it demonstrates the use of safeguards effective to secure the privilege against self-incrimination.
A single dimensional precedent was sought to be set in the Miranda case i. This case sought to set a fair plain field ensuring that such overzealous police practices did not in return turn the American Constitution to a mere form of words. There he was questioned by two officers for more than one hour, who eventually managed to compel Miranda to confess doing the offence in written form and undersigned it.
At the top of the statement was a typed paragraph stating that the confession was made voluntarily and freely without any promises of immunity and with full knowledge of all legal rights, understanding that any statements that the accused made would be used against them.
At his trial before a jury the written confession was admitted in evidence over the objection of the defence counsel and the officers testified to the prior oral confession made by Miranda during the Interrogation.
Miranda was later convicted for rape and kidnapping. In reaching its decision the court emphasized heavily of the fact that Miranda did not specifically request counsel. ISSUES The issues under the case in synopsis can be categorised into two parts namely; a The Restraints society must be consistent with the Federal Constitution in prosecuting individuals with crime.
Furthermore his right of self-incrimination was violated and never protected in any way provided by the constitution. Without these warnings, the statements were inadmissible.
The mere fact that he signed a statement which contained a typed in clause stating that he had full knowledge of his legal rights does not approach the knowing and intelligent waiver required to relinquish and established constitutional rights.
Further, the court held that it is not sufficient to do justice by obtaining a proper result using irregular or improper means. Not only does the use of third degree involve flagrant violation of the law it also involves the dangers of obtaining a false confession, and it tends to make police and prosecutors less zealous in the search of objective evidence.
The third degree way of obtaining confessions dehumanizes police, toughens the accused and lowers the esteem in which the administration of justice is held by the public. At the onset, when a person is under arrest and subject to any kind of interrogation, they should be given prior knowledge of weather to willingly answer questions or remain silent in the process.One of the most important cases that was brought to the Supreme Court was the case of Ernesto Miranda V the state of Arizona.
This case caused the government to add more to the Fourth, Fifth, and Sixth amendments to the constitution (The Supreme Law of the Land).
Miranda V. Arizona Case: How It Changed Law Enforcement words - 6 pages remains the subject of often heated debate, and has had a great impact on law enforcement in the regardbouddhiste.com March 13, , eight dollars in cash was stolen from a Phoenix, Arizona bank worker, Police suspected and arrested Ernesto Miranda for committing the theft.
Arizona case: How it changed law enforcement Essay Miranda V Arizona Essay Miranda V Arizona In the Miranda V Arizona was a landmark case in the United States Supreme Court because it established the constitutional liberties for individuals suspected of committing crimes.
Arizona remains the subject of often heated debate, and has had a great impact on law enforcement in the U.S. On March 13, , eight dollars in cash was stolen from a Phoenix, Arizona bank worker, Police suspected and arrested Ernesto Miranda for committing the theft.5/5(6).
Miranda V. Arizona Essay Our Fifth and Sixth Amendment rights have changed since the Miranda v. Arizona case got brought to the attention of the Supreme Court.
Miranda v. Arizona case: How it changed law enforcement words. Street Law, Inc. and The Supreme Court Historical Society present. The Case.
Miranda v. Arizona: A Primer ; Miranda Warnings and the Bill of Rights ; and answer the questions or write the short essay described in the assignment.
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