Introduction to Criminal Law
Introduction to Criminal Law
CRJS 205 Unit 1 DB
My Attorney that I work for has advised the judge (the accused) to file a motion to suppress his statements. Because the arresting officers failed to read the judge his Miranda Rights thus, the judge’s statements were illegally obtained. I am in favor of this position, because the Judge made statements that may incriminate himself. This is great advise for the opposing counsel to protect his or her client, knowing that the prosecution is going to dispute the motion on the grounds that the Judge is aware of his rights because he is an attorney and a Judge. Samaha, (2011)
When the officer arrested the judge he was suspected of DUI the officer does not have to read Miranda Rights to the suspect at that point. Miranda rights pertain to custodial questioning, basically this means that if that officer wants to ask the Judge specific questions concerning the DUI that the officer arrested him or her for, then the officer should read his or her Miranda Rights in order for the Judges statements to be admissible in court. Samaha, (2011) Miranda is not a required step in the process for arresting a suspect for a crime that they committed, However, it is a required step the officer must take before an interrogation or questioning takes place. Miranda vs. Arizona, (1966) regardless if he is a judge or not.
Do you believe that the judge should be held to a higher standard due to the fact that he works within the justice system? Why or why not?
Yes I believe that the judge should be held to a higher standard with regard to the laws in the public eye and should strive to go beyond the requirements. primarily because Judges have no judicial immunity for criminal acts when he is engaged in a criminal activity. The Judge has a duty to act, he does not have discretion over his crime. CLR, (1997-98) Judges have a general knowledge
CRJS 205 Unit 1 DB
My Attorney that I work for has advised the judge (the accused) to file a motion to suppress his statements. Because the arresting officers failed to read the judge his Miranda Rights thus, the judge’s statements were illegally obtained. I am in favor of this position, because the Judge made statements that may incriminate himself. This is great advise for the opposing counsel to protect his or her client, knowing that the prosecution is going to dispute the motion on the grounds that the Judge is aware of his rights because he is an attorney and a Judge. Samaha, (2011)
When the officer arrested the judge he was suspected of DUI the officer does not have to read Miranda Rights to the suspect at that point. Miranda rights pertain to custodial questioning, basically this means that if that officer wants to ask the Judge specific questions concerning the DUI that the officer arrested him or her for, then the officer should read his or her Miranda Rights in order for the Judges statements to be admissible in court. Samaha, (2011) Miranda is not a required step in the process for arresting a suspect for a crime that they committed, However, it is a required step the officer must take before an interrogation or questioning takes place. Miranda vs. Arizona, (1966) regardless if he is a judge or not.
Do you believe that the judge should be held to a higher standard due to the fact that he works within the justice system? Why or why not?
Yes I believe that the judge should be held to a higher standard with regard to the laws in the public eye and should strive to go beyond the requirements. primarily because Judges have no judicial immunity for criminal acts when he is engaged in a criminal activity. The Judge has a duty to act, he does not have discretion over his crime. CLR, (1997-98) Judges have a general knowledge
References: Samaha, (2011), Criminal Law, Publisher, Wadsworth, Copyright, 2011/ Retrieved from the AIU Online Library through Course Smart Solutions, Miranda vs. Arizona, (1966) Retrieved from the internet on August 21, 2012 from: www.streetlaw.org/en/landmark/cases/miranda.vs.arizona Unknown Author, (1997-1998), Citizens for a legal responsibility, Retrieved from the internet on August 21, 2012 at www.CLR@CLR.org