The Class Structure of the Society

Free Essays on Miranda

Miranda v. Arizona This Supreme Court case deals with the rights of accused. This case mainly encompasses one’s Fifth Amendment right to not incriminate one’s self. Ernest Miranda, a twenty-three year old drifter was arrested and taken directly to a Phoenix, Arizona police station. There, after being identified by the victim of a rape kidnapping, he was taken to an interrogation room, where he was questioned about the crimes. At first, Miranda maintained his innocence, but after two hours of questioning, the police emerged from the room with a signed written confession of guilt. At his trial, the written confession was admitted into evidence and Miranda was found guilty of kidnapping and rape. The United States Supreme Court was then faced with Miranda’s claim that the confession was self-incrimination and in violation of his constitutional rights. The police’s admission that neither before nor during the questioning had Miranda had been advised of his right to consult wi th an attorney before answering any questions or his right to have an attorney present during the interrogation solidified Miranda’s argument. The Court decided that prosecutors could not use statements stemming from interrogation unless proper procedure, such as the notification to the accused of his right to refuse to answer the questions given by the police and his right to have an attorney present, the ruling was in favor of Miranda; 5-4. The decision of the Miranda case has three parts, which have changed the procedures of police stations across the United States. The Court ruled that the Fifth Amendment privilege is available outside of court proceedings and serves to protect persons in all settings from being coerced to incriminate themselves. The privilege also applies to questioning after the accused has been taken in to custody. The Court also ruled that a confession by the accused could only be admitted if it is voluntary and no coercion ... Free Essays on Miranda Free Essays on Miranda Miranda v. Arizona This Supreme Court case deals with the rights of accused. This case mainly encompasses one’s Fifth Amendment right to not incriminate one’s self. Ernest Miranda, a twenty-three year old drifter was arrested and taken directly to a Phoenix, Arizona police station. There, after being identified by the victim of a rape kidnapping, he was taken to an interrogation room, where he was questioned about the crimes. At first, Miranda maintained his innocence, but after two hours of questioning, the police emerged from the room with a signed written confession of guilt. At his trial, the written confession was admitted into evidence and Miranda was found guilty of kidnapping and rape. The United States Supreme Court was then faced with Miranda’s claim that the confession was self-incrimination and in violation of his constitutional rights. The police’s admission that neither before nor during the questioning had Miranda had been advised of his right to consult wi th an attorney before answering any questions or his right to have an attorney present during the interrogation solidified Miranda’s argument. The Court decided that prosecutors could not use statements stemming from interrogation unless proper procedure, such as the notification to the accused of his right to refuse to answer the questions given by the police and his right to have an attorney present, the ruling was in favor of Miranda; 5-4. The decision of the Miranda case has three parts, which have changed the procedures of police stations across the United States. The Court ruled that the Fifth Amendment privilege is available outside of court proceedings and serves to protect persons in all settings from being coerced to incriminate themselves. The privilege also applies to questioning after the accused has been taken in to custody. The Court also ruled that a confession by the accused could only be admitted if it is voluntary and no coercion ...

Debate notes Essay Example | Topics and Well Written Essays - 750 words - 1

Debate notes - Essay Example At the University of Colorado, football coach Bill McCartney was accused of publicizing his religious views and giving priority in hiring, recruiting, and playing time to individuals sharing his religious attitude. [FN1] While similar practices might have gone unchecked in the past, several recent Supreme Court decisions have limited the days of blind indifference to these rituals. Pre-game prayers are regularly held in public high school and university locker rooms throughout the United States. These rituals are often undertaken without any thought to possible legal consequences because the coach, team, or school have never received any complaints from concerned athletes or parents. However, the Supreme Court has recently limited the various avenues by which prayers can enter into public school activities. [FN2] The First Amendment protects student-athletes by providing them with certain safeguards against state endorsed adherence to a specific religion, most often the coachs religion. This constitutional protection must be balanced against the coachs right to effectively run his or her team without having every word or action scrutinized. The conflict of prayer in a public university locker room centers on the students right to be free from state imposed religious indoctrination and the coachs right to free speech. This conflict can be examined through the eyes of the First Amendments Entanglement, Free Exercise and Free Speech clauses. Courts have yet to specifically address the topic of prayer in a public universitys locker room. Since there are no cases on point, this article will attempt to present the possible legal arguments that would be presented by the two sides of this debate. The players interest in practicing their religion is weighed against a coachs right to motivate his/her team. Both of these rights have to be examined in light of any action undertaken or attributable to the state, and whether those actions constitute endorsement