people but this amendment allows us to take action when they see us differently and try to do something about us. But to fully look into this situation we need to look at statistics. Lets look at the court case of Miranda v. Arizona first‚ in this court case it was decided that Miranda was treated unfairly under his 14th amendment. He confessed to a crime he had done without knowing that he was available to have a lawyer present while being questioned. He was therefore released under the court ruling
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\Describe the differences between an interview and an interrogation. A police interview is conducted when police seek information from the public or whom ever‚ such as witnesses‚ non-related person(s)‚ and or suspect ( possibly not known at time of interview) most likely regarding a crime. an interview can be conducted at police headquarters‚ on the streets‚ and even in your own home. An officer or detective will usually write down questions with answers obtained from the interviewee(s). police
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steps the police were required to take once John began to incriminate himself was to read John his Miranda rights. The Miranda Warning is required for law enforcement to read when a suspect is taken into custody and is going to be questioned or interrogated. If the Miranda Warning is not read‚ it is a violation of the suspects fifth amendment right against compelled self-incrimination. In Miranda v. Arizona‚ the Supreme Court held that the admission of an elicited incriminating statement by a suspect
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Mapp v. Ohio‚ 367 U.S. 643 (1991) Facts: Police received information that a bombing suspect and evidence of bombing were at Ms. Mapp’s home. Ms. Mapp refused to admit the police officers after calling her attorney and being instructed that they should have a warrant. After an unsuccessful initial attempt to gain entrance into her home‚ the police returned and pried open the door and broke a window to gain entrance. Ms. Mapp was only halfway down the stairs by time the officers had entered
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Law as a living body Laws in America are constantly changing. With the changes that America has the laws do not get updated with the change of time. These laws are no longer enforced because they do not seem as bad with the changes in society. There are three phases that America operates its legal system. Law as a living body‚ Due process and protecting the rights of the accused. Laws are considered a living body because the laws have been changed and interpreted differently in different cases
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the future decisions in voting rights cases heard by the U.S. Supreme Court. In the case‚ Baker v Carr‚ the federal courts were granted the right to review reapportionment issues within a state‚ which influenced the supreme court to focus on more voting rights issues and established a precedent that affects future decisions made by the U.S. Supreme Court. Later on in U.S. history‚ in the case of Gray v Sanders‚ the Warren Court ruled that the election unit system of a county in a state can not violate
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The Fifth Amendment In 1966‚ there was a supreme case called Miranda v. Arizona which the Supreme Court ruled that the fifth amendment privilege againest self incrimination requires law enforcement to advise a suspect that before a custodial interrigation‚ a suspect must be informed of both his or her privileges against incriminating oneself and to obtain an attorney. Miranda warnings must be given before any questioning by law enforcement officials. The fifth amendment was developed because the
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in a court of law. You have the right to an attorney. If you cannot afford an attorney‚ one will be provided for you” (US Constitution Online. Steve Mount. May 10 2008). Do you recognize this as your Miranda Rights? These rights are based on the US Supreme Court’s historic Miranda vs. Arizona case and are your Constitutional rights as an accused person prior to any law enforcement questioning. On May 7‚ 2000 Brenton Butler‚ a 15 year old black male from Jacksonville‚ Florida‚ was accused of
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violated the Equal Protection clause of the fourteenth Amendment. The case that violated an individual right was the case of Gideon vs. Wainwright in 1963‚ which violated the Sixth Amendment in a criminal case for the defendant. The case of Miranda vs. Arizona in 1966 is another controversial case that the Supreme Court had to base its judgment in order to have the individuals rights read to them due to the violation of the Fifth Amendment. Cases that are controversial have set many concerns throughout
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Fifth Amendment The Fifth Amendment of the U.S. Constitution provides‚ "No person shall be held to answer for a capital‚ or otherwise infamous crime‚ unless on a presentment or indictment of a grand jury‚ except in cases arising in the land or naval forces‚ or in the militia‚ when in actual service in time of war or public danger; nor shall any person be subject for the same offense to be twice put in jeopardy of life; nor shall be compelled in any criminal case to be a witness against himself‚
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