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History of Criminal justice in america
History of Criminal justice in america
essay on the History of Criminal Justice System
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Ernesto Miranda was a spanish lower class citizen born and raised in Arizona. As a child Miranda had problems in grade school, a little while after Miranda’s mother died. After his mother died Miranda lost connections with the rest of his family. His criminal record began during his 8th grade year. During the next year, he was arrested and convicted of burglary and was sentenced to be sent to a reform school for one year. About a month from his reform school he committed a crime and was sent back to reform school. The second time he was released he relocated to Los Angeles. Not too long after Miranda arrived in Los Angeles he was arrested there. After 2 and a half years Miranda was evicted and sent back to Arizona, at about age 18. Afterward he traveled through the south for about 3 months, and ended up committing more crimes and served jail time in Ohio, Texas, and California, and Nashville. Miranda was able to stay out of jail for the next couple of years and had many different jobs before he got a stable job as a laborer for Phoenix Produce Company. On March 2, 1963 around midnight, a man in his early 20’s that we now know as Ernesto Miranda got out of his car and tied up the victim called Jane Doe as she wanted her name to be kept private. He drove her out to the desert outskirts of Phoenix. She did not resist Miranda as he kidnapped her as she feared for her life. Jane Doe was raped by Miranda a crime tried before by Miranda. He made her hand over the miniscule $4 she had and drove her back to the city. During the police questioning of Jane Doe about her attacker she said that she would recognize her attacker if she saw him again. About a week after the attack Jane Doe was out late with a family member, they walked by... ... middle of paper ... ...hrough or not, they were dealing with a similar case in which the suspect won with 5 of 9 justices agreeing. The Arizona courts denied Miranda’s appeal so he remained in jail. His last chance appealing to the U.S. Supreme Court, but he could not afford the $100 fee needed to do so. He sent in the papers only to have them returned because of improper papers. He resent it without the money to see if the supreme court would listen to his petition. While waiting for a response from the Supreme Court, Miranda was joined by JJ FF and FF NN. Frank’s strong point was the U.S. Constitution and NN’s was criminal law. Many Months had passed until the Supreme Court responded and the lawyers worked on the brief during this time. Towards the end of February of 1966, the legal group in which represented Miranda appeared before the supreme court to make their spoken arguments.
Arizona was not necessary to the decision. Justice Stevens both concurred and dissented in part of the judgments. Stevens claimed that recording the confession doesn’t mean it is involuntary or that it doesn’t follow the Due Process Clause. Stevens believed that Connelly’s incompetence to stand trial meant he could have been incompetent to waive his rights. Justices Brennan and Marshall dissented and also believed that Connelly’s mental state was a reasonable factor in determining the validity of his waiving of rights. They thought that a confession given by a defendant who is mentally ill is one not given under a clear state of mind and is not voluntary. Without his confession, officers would have never obtained valid evidence to convict him of murder. Due process requires independent collection of evidence that would contribute to a conviction. Since there was no police misconduct, the evidence gathered had to be because of Connelly’s free, voluntary, confession but he was not able to make an intellectual decision at that
Ernesto Arturo Miranda was born in Mesa, Arizona on March 9, 1941. During his grade school years, Miranda began getting in trouble. His first criminal conviction was during his eighth grade year. The following year, now a 9th grade dropout, he was convicted of burglary. His sentence was a year in the reform school, Arizona State Industrial School for Boys (ASISB). After his release from the reform school, he got into trouble again with the law and was returned to ASISB. Once released for the second time, Miranda relocated to Los Angeles where a few months later he was arrested on suspicion of armed robbery and sexual offenses even though he was not convicted of these crimes. He was eventually extradited back to Arizona a couple
A horrific murder happened in tiny Skidmore on December of 2004. Lisa Montgomery and Bobbi Jo Stinnett met and found out that they had much in common and became good friends (Nunes 85-86). Surprisingly, Bobbi and Lisa met in an internet chat room. Bobbi was into puppy breeding and she occasionally served as a judge. Lisa lived in Kansas where her close friends were shocked about what she was talking about. Of course, Lisa shrugged it off and she sent an email to Bobbi saying that she wanted to see the puppies (Nunes 85-86). When Lisa met Bobbi Jo she had a fake name which was Darlene Fisher because she didn’t want Bobbi to know her real identity. When Lisa sent Bobbi the email she had a criminal intent on her mind. She was planning to choke Bobbi into unconsciousness and then cut open her womb and steal Bobbi’s unborn baby. When Lisa arrived at the house she threw a rope around Bobbi’s neck and choked her until she was unconscious. That is when Lisa took a knife and started to cut open Bobbi’s stomach. Lisa had to cut through skin, fat, and muscle to get to Bobbi’s uterus. Bobbi’s baby was in eight-month gestation; Lisa cut and tied the baby’s cord. Lisa stole the baby and fled to her house in Kansas. Unfort...
Elsen, Sheldon, and Arthur Rosett. “Protections for the Suspect under Miranda v. Arizona.” Columbia Law Review 67.4 (1967): 645-670. Web. 10 January 2014.
On February 4, 1974, at the young age of 19 Patricia Hearst was kidnapped. Symbionese Liberation Army (SLA) officers came to the door of Patricia Hearst and her then fiancé, Steven Weed. Steven was beat with a wine bottle and Patricia was blind folded, she then heard machine gun fire and screaming. Patricia was held in a closet, blindfolded and sexual molested. Her family received voice recordings, after a while they paid the ransom for Patricia to be set free, they received another voice recording saying, “I have been given the choice of 1) being released in a safe area or 2) join the forces of the Symbionese Liberation Army and fighting for my freedom and the freedom of all oppressed people. I have chosen to stay and fight,” (Williams, 2009).
Maryclaire Dale’s article “Kindergarten kidnapper tells girl, ‘I’m not a monster’”, appears in the Bucks County Courier Times and it tells the people of Bucks County how a woman kidnapped a kindergartener from school. In Philadelphia during January of 2013, a girl was taken from her kindergarten classroom and “sexually tortured during a bizarre overnight ordeal.” The girl was an 8-year-old and she had been abducted by “former day care worker Christina Regusters”, who was 22 years old. Christina was sentenced to 40 years to life. The judge called the crime, “a horror show” because the 8-year-old girl was found “shivering under playground equipment” half naked. Christina took full responsibility for what happened and as she was charged with “kidnapping, sexual assault and other charges”
Hamilton made an eloquent appeal to the jury to judge both the law and the facts; as a result was acquitted. This finding of not
On July 15th, 2008, Caylee Anthony was reported missing by her grandmother Cindy Anthony. Cindy Anthony in the report stated that she hadn’t seen her grand-daughter Caylee for a month and that she and her husband were suspicious because their daughter Casey’s car reeked of decay, as if a dead body had been stored inside the vehicle for days. Caylee and her mother resided with Casey Anthony’s parents. However, Cindy Anthony claimed that Casey had given different explanations about Caylee's whereabouts before telling Cindy that she hadn’t seen her own daughter for several weeks. When questioned by authorities, Casey told the detectives several lies: stating the child had been kidnapped by her nanny on June 9, and that Casey had been trying to contact the nanny to find her daughter. Preceding this information, Casey Anthony was convicted and charged with first degree murder in 2008, but pleaded not guilty ...
Miranda v. Arizona is a very important activist decision that required police to inform criminal suspects of their rights before they could be interrogated. These rights include: the right to remain silent, that anything you say can and will be used against you in a court of law, you have a right to an attorney, if you cannot afford an attorney one will be appointed to you be the court. In this case the Fifth Amendment's right that a person may not be forced to incriminate one's self was interpreted in an activist way as meaning that one must be aware of this right before on is interrogated by the police. Prior to this ruling it was common practice to force and coerce confessions from criminal suspects who did not know they had the right not to incriminate themselves.
Is it possible to sympathize with two calculated killers, if they claimed abuse? The jurors of the Menendez brothers’ first trial thought so. The Menendez brothers came from a wealthy family who lived in Beverly Hills, but everything was not as posh as it seemed. Lyle and Erik Menendez seemed to have it all, but their family allegedly had a deep secret. This secret eventually came out on the day that they murdered their parents in cold blood. The brothers shot their parents in their own home, like professional hit men. Aside from this trial, there have been many other cases showing conflicting ideas between jurors. In the play Twelve Angry Men, written by Reginald Rose, he portrays the modern-day problems with the justice system. Through researching this case and reading the play, Twelve Angry Men, one can infer that the jurors from this play would hav/e great difficulty in coming to a verdict in the Menendez Trial.
This paper will shed light on the abductions of three young women by Ariel Castro. Michelle Knight, Amanda Berry, and Gina DeJesus were held captive for over a decade in Ariel Castro’s home located in Cleveland, Ohio. These women were all raped and beaten during their years of captivity by a man that they each had known or come in contact with prior to being abducted. After their rescue Ariel Castro faced charges for the rape and kidnapping of these women, he later pled guilty to these charges. After pledging guilty to the charges Ariel Castro hung himself one night in his jail cell. Each one of these girls maintained a since of hope that
Early on the 29th of September in 1995 Yamika Suzanne Elliot was raped in her home. The assailant was approximately six feet tall, with light skin, and dark hair, thick, with a little gut. He was wearing a red and blue flannel, black jeans, white gloves, and a white nylon over his face. (Ted Bradford) In his possession, he had a slight black bag, the known contents limited to handcuffs he used to restrain Ms. E during the assault. When the perpetrator entered the residence, he came upon the victim holding her child whom she then attempted to run with. The man grabbed her and put her on the floor covering her face, she was informed she should not look at him but she was allowed to place her child in their crib. He
Miranda vs. Arizona Miranda vs. Arizona was a case that considered the rights of the defendants in criminal cases in regards to the power of the government. Individual rights did not change with the Miranda decision, however it created new constitutional guidelines for law enforcement, attorneys, and the courts. The guidelines ensure that the individual rights of the fifth, sixth and the fourteenth amendment are protected. This decision requires that unless a suspect in custody has been informed of his constitutional rights before questioning, anything he says may not be introduced in a court of law. The decision requires law enforcement officers to follow a code of conduct when arresting suspects.
The court argued that the case was not about whether Miranda was guilty of the charges or not (he obviously confessed). Rather they argued that the case was about the way in which the interrogation was derived. The court’s ruling was meant to deal with the mistreatment of suspects by policemen during interrogation. Policemen are notorious for mistreating interrogents (alovardohistory). Prior to this case a possible witness was beaten, kicked, and was burned on the back with lighted cigarette butts just in order to extract a testimony. The Supreme Court determined that the accused must be read the following rights: “You have the right to remain silent. Any...
The Supreme Court of the United States in a 5-4 ruling decided in favor of Miranda. The Supreme Court felt that since an interrogation is a very intimidating spot to be on the suspect 's rights are automatically triggered. This includes the fifth amendment and the the sixth amendment which entitles a person to an attorney. They claimed that undoubtedly the fifth amendment is a privilege. Along with this case they also settled four other cases that were similarly close