Miranda v. Arizona Essay Example | Topics and Well Written Essays - 1750 words

Miranda v. Arizona - Essay Example The Arizona Supreme Court convicted and sentenced Miranda to 20-30 years imprisonment, based from his written confession. Later, the U.S. Supreme Court repealed the conviction and ordered the suppression of Miranda’s signed rape confession (Mason & Stephenson, 2007). The Court ruled that â€Å"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 Fifth Amendment privilege against self-incrimination† (Warren, 1966) and the Sixth Amendment right to a legal counsel (Mason & Stephenson, 2007). This rule is what is now famously known as the ‘Miranda Warning.† This paper will discuss the Miranda v. Arizona Case; show how it violated the Fifth and Sixth Amendments of the Constitution; and tackle how the 1966 U.S. Supreme Court’s Miranda decision transformed the American judicial system. Critical analysis by this author will likewise be given. Miranda versus Arizona In 1963, Ernesto Miranda, a young, destitute and uneducated migrant from Mexico, was arrested by the Arizona Police for crimes of kidnapping and rape. ... The written confession was used in the trial. He was convicted of kidnapping and rape crimes and sentenced to 20-30 years imprisonment for each crime by the Arizona Supreme Court (Baker, 1985). Miranda’s legal defense appealed to the Arizona Supreme Court and revealed reasonable doubt regarding the elements of the said committed crime: the rape victim was unable to show evidence of resistance to Miranda during the said sexual assault; it was questionable if Miranda had fully understood his legal rights and had indeed â€Å"voluntarily† waived them. His lawyer disputed that the written confession should not have been allowed in the trial since he was not afforded appropriate protection to his rights as mandated by the U.S Constitution and the U.S. court laws (Gribben, 2011). Two years after, the U. S. Supreme Court overturned the conviction and ordered the inadmissibility of the signed confession. The Court ruled that the defendant should be fully knowledgeable of his ri ght to assistance of a legal counsel before or during the interrogation; aware of his right to remain silent; and reminded that any admitted statement may be used against him. The Court explained that police interrogation procedures are intimidating and could forcefully compel the individual to self-incrimination, especially without a defense lawyer present during the interrogation (Hendrie, 1997). Violation of the Fifth and Sixth Amendments of the Constitution The Fifth Amendment (right to self-incrimination) and the Sixth Amendment (right to the assistance of a defense counsel) are the legal privileges guaranteed to all individuals by the U.S. Constitution. Any confession made by an individual is inadmissible in court if it

Basic Critcal Thinking Essay Example | Topics and Well Written Essays - 500 words

Basic Critcal Thinking - Essay Example ls, Chaffee (2012), the following steps were recommended: (1) to develop a more in-depth understanding of oneself; (2) to discover the possibilities given that the goals are current and updated; (3) be able to envision a reported three-dimensional picture of the future that incorporates goals and aspirations; (4) construct a mental plan for details strategies to achieve defined goals in specific time frame and in overcoming potential barriers or obstacles; (5) modify the goals or plans according to new inputs but retain a consistent framework of goals, as needed (p. 13). An important decision in one’s life that would have to be made in the near future is finding the appropriate employment where one’s educational pursuit would be put into effective use. As such, one’s professional short-term goal is to find a good job with competitive pay and where one’s knowledge, skills and abilities would be appropriately honed and developed through work experience and through interaction and relationship with others. Find a good employer right after graduation where the employer would provide competitive pay and benefits; and where one’s knowledge, skills and abilities would be appropriately honed and developed through the work experience and through interaction and relationship with others. From one’s educational background, the possible courses would be locating organizations that belong to the top 100 organizations in the U.S. in terms of providing good benefits, according training, and being socially responsible. Another choice would be to streamline options to areas which are close to one’s residence. Likewise, selection process could also ensue after all applications have been sent and organizations that respond positively would be selected according to the exemplary image reported and accessed through research. From itemizing each alternative, a pros and cons analysis would illuminate one on the best option to select. For example, if two organizations