This paper will go through the first arrest that a new police officer did while responding to a house break in. It will show what a FTL would say to the new officer on how they did with the situation after the arrest. We will identify four issues during the arrest that related to the Miranda Laws. Then, we will try and relate these issues to a historical case. Later, we will carefully analysis the situation and see if we could resolve the issues or not. We will then go over how these issues could have been prevent from happening. Law Enforcement and Miranda Warnings The FTL should have told the arresting officer once he realized the suspect did not speak English, he should have notified his supervisor. If the young male was a juvenile, the officer should make sure to contact the suspect’s parents or legal guardian. Before the officer can even begin to read the suspects Miranda rights to him, two things need to happen. One if he is a minor, his parents need to be present with him. Two, since the suspect does not speak or understand English the officer’s supervisor mush find a professional interpreter that speaks that language. Most departments have either someone in the department or a call list of people that can do that. The officer or his supervisor should also make sure that the interpreter writes the Miranda Warnings out in the suspect’s language so he can read them and sign them. The case Florida vs Powell (08-1175) Mr. Powell was place into custody for suspicion of illegally owning a firearm. The officers said Mr. Powell waived his rights to counsel. They proceeded to question him in an interrogation room. Since Mr. Powell did not speak or understand English very well, the Florida Supreme Court over turned his case. Th... ... middle of paper ... ...e of criminal court proceedings and serves to protect persons in all settings. Especially in custodial interrogations when being questioned by law enforcement while in custody or deprived of freedom of action. The court made it very clear that the defendant has to be warned prior to any questioning so they fully understand they have the right to remain silent and the right to counsel being present. They also need to understand that if they cannot afford counsel one will be appointed to them by the courts before any questioning. The Supreme Court reversed the cases Miranda, Vignera, Westover and then affirmed the Stewart case in California. Works Cited Criminal.findlaw.com Peak, K. J. (2013). Policing America, Vitalsource for Kaplan University [VitalSouce bookshelf version]. Retrieved from http://splashurl.com/qc99jsl www.usconstitutionnet/miranda.html
Miranda Vs Arizona was a United States Supreme Court case in 1966. The court “ruled that a criminal suspect must make a knowing, intelligent, and voluntary decision to waive certain constitutional rights prior to questioning” (Ortmeier, 2005, 285). This ruling meant that suspects must be aware of their right to remain silent and that if they choose to speak to the police the conversation can be used against them in a court of law. If they do decide to speak under police it must not be under false promises
Miranda Rights became a United States Supreme Court decision in 1966 (Miranda v. Arizona), in which the high court made a decision in favor of and upheld that the Fifth Amendment rights of Miranda were violated. The Miranda ruling gives suspects the right to remain silent and not speak to any law enforcement as a means to prevent self incrimination, the right to have an attorney present during questioning, if an attorney is requested and the defendant can’t afford one, there are provisions in Miranda for an attorney to be appointed to defend the individual.
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.
Friedman, S. (2014, March 10). You have the right to ... not much: Why are there no 'Miranda rights'
The United States Supreme Court, in Howes v. Fields, rejected a per se rule that questioning a prison inmate in a room isolated from the general prison population about events occurring outside the prison is custodial interrogation. The Fifth Amendment of the Constitution requires that a person in “custodial interrogation” be read Miranda rights, those rights which come from the case of Miranda v. Arizona. The Sixth Circuit affirmed, holding that a prisoner is in custody within the meaning of Miranda if the prisoner is taken away from the general prison area and questioned about events that occurred outside the prison. The Sixth Circuit held that the interview of Fields in the room was a “custodial interrogation” because isolation from the rest of the prison combined with questioning about allegation outside the prison makes such an interrogation custodial per se. The term “custody” refers to circumstances where the danger of coercion is present. A court will look to the objective circumstances of the interrogation to find whether a person is in custody. In order for statements made ...
“You have the right to remain silent. Anything you say can and will be used against you in the court of law.” Everyone knows the Miranda Warnings from either television shows or even they have been recited while placed under arrest. Why do are police officers required to recite these rights to a suspect? Where did they come from? What happens if an officer or detective fails to advice a suspect of these rights?”
10. Walker, Samuel (1999). The Police in America: An Introduction (4th ed.). New York: McGraw-Hill, Inc.
The Duhaime’s Law Dictionary defines Miranda Warning as: “A requirement that police officers, in the U.S.A., before any questioning is so begun, warn suspects upon arrest that they have the right to remain silent, that any statement that they make could be used against them in a court of law, that they have the right to contact a lawyer and that if they cannot afford a lawyer, that one will be provided”. If an officer fails to read the Miranda warning prior to questioning, any confession or information that is obtained will not be admissible in court.
From the moment an innocent individual enters the criminal justice system they are pressured by law enforcement whose main objective is to obtain a conviction. Some police interrogation tactics have been characterized as explicit violations of the suspect’s right to due process (Campbell and Denov 2004). However, this is just the beginning. Additional forms of suffering under police custody include assaults,
In 1966, American police procedure was changed by what is known today as the Miranda Rights. In 1963, Ernesto Miranda, a twenty three year old Hispanic American with an eighth grade education was arrested for kidnap and rape. (Paddock) He was identified by the victim of the crime in a police lineup. After he was identified, he was taken into police interrogation for two hours. When he was arrested, he was not informed of his Fifth Amendment right to not incriminate himself. He was also not informed of his Sixth Amendment right to have the assistance of an attorney. In the first part of his interrogation, Miranda denied having any involvement in the crime, but after two hours he confessed to the crime in writing. (Street Law)
The decision requires law enforcement officers to follow a code of conduct when arresting suspects. After an arrest is made, before they may begin questioning they must first advise the suspect of their rights, and make sure that the suspect understands them. These rights are known as the Miranda Warnings and include:
Walker, S., & Katz, C. (2012). Police in America: An Introduction (8th Edition ed.). New York:
It has been over fifty years since Miranda was arrested and will live on forever on the pockets of police officer. Every employed police officer in the America must know how to give Miranda rights. Miranda’s arrest actually made a significant impact on arrest and law enforcement. Before Miranda rights confession were used for prosecutions without hesitation, but after Miranda’s arrest things changed. Miranda v. Arizona is one of the most controversial Supreme Court cases and the case was even televised also. The Supreme Court Chief leader was Chief Justice Earl Warren who overlooked many important cases. In a split 5-4 vote in the Supreme courts overturned Ernesto Miranda’s conviction because he wasn’t informed of his rights under the fifth and sixth amendments of the United States of America constitution.
The case of Miranda v. Arizona (384 U.S. 436 [1966]) is one of the most important cases in history. It brought about prominent rights that are still existent today in 2015 regarding interrogations and custody. The results of this case are still seen in the current criminal justice system. However, even though the rights that were given to the system by the court, there are still instances today in which these Miranda rights are violated. The concept of Miranda has evolved a lot from a court case to a code used by law enforcement during custodies and investigations.
Two police officers began interrogating him, and after two hours later the police officers came out with a written confession signed by Mr. Miranda. On the top of the confession was a paragraph that stated, “that the confession was made voluntarily, without threats or promises of immunity and "with full knowledge of my legal rights, understanding any statement I make may be used against me." Once at the trial the officers presented this evidence to the judge. With this explicit evidence the judge found Miranda guilty of kidnapping and raping. He was sentenced to jail from 20 to 30 years on each account. The Supreme Court of Arizona ruled that his constitutional rights were not violated, and also emphasized that Miranda never requested a counsel during his interrogation.