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Fay Vs Noia Case Analysis

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Introduction

The access of the utmost standard of physical and mental health without discrimination is the basic right of every human being. Any violation of these basic rights results in the compromise and elimination of the human rights. However, when a person is accused of some grave crime, his fundamental rights are stake. The Oxford Dictionary defines accused as, “a person or group of people who are charged with or on trial for a crime”. An offence is defined as an act or omission made punishable by any law for the time being in force. An Accused is often confined when found guilty of the most grave of criminal offences and as a consequence, it is perhaps a basic instinct which determines that retribution, and only retribution is warranted in such circumstances. However, in this active human …show more content…

One of the most serious abuses of governmental power that the Framers sought to prevent was the imprisonment or detention of citizens without an indication of why they were being held. The Supreme Court in Fay v. Noia further declared that the “government must always be accountable to the judiciary for a man 's imprisonment: if the imprisonment cannot be shown to confirm with the fundamental requirements of law, the individual is entitled to his immediate release”

Applicable

Self Incrimination In addition to the guarantee of a jury trial, the Fifth Amendment states that no person "shall be compelled in a criminal case to be a witness against himself." The accused, however, cannot simply avoid testifying because of potential embarrassment. Rather, they must have a legitimate concern that their testimony will contribute to their conviction of a crime. Persons accused of crimes or witnesses in legal proceedings will often invoke this right by “pleading the Fifth” or by “claiming their Fifth Amendment rights.”

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Case Citation: Miranda v. Arizona, 384 U.S. 436 (1966) Parties: Ernesto Miranda, Plaintiff/ Appellant State of Arizona, Defendant/ Appellee Facts: This case represents the consolidation of four different cases, in which an accused individual confessed to a crime after being subjected to a variety of interrogation techniques without being informed of his Fifth Amendment rights during the interrogation. The first case resolved Ernesto Miranda who was arrested and charged with kidnap and rape. He confesses and signed a written statement after a two-hour interrogation.

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In 150 Conn. 220, 187 A. 2d 744, The Connecticut Supreme Court of Errors held that the protection against self-incrimination under the Fifth

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The Double Jeopardy clause in the Fifth Amendment protects people from being tried for the same case multiple times. An example of this is if someone is being tried for murder and is found not guilty by a jury, that person cannot be tried again with a different jury until they are found guilty. In the film Double Jeopardy they set the precedence that if Libby kills her husband at the end of the movie, she couldn't be charged with murder because she had previously been tried and convicted of his death. Unfortunately the double jeopardy clause would not protect her.

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Then Fifth Amendment to the U.S. Constitution says that no person would have to be a witness against himself. It gives a person the right to refuse to answer any questions that the prosecutor might ask. The right was created because of the British courts that operated from 1487-1641. These courts believed that a prosecutor did not have to prove a case based on evidence, but rather harassing a defendant into a confession was enough evidence, whether the defendant was innocent or guilty. The right to be free from having to incriminate oneself was a law among nine of the colonies before it was included in the U.S. Constitution.

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The central issue being looked at is the 6th Amendment, which is the right to confront and cross-examine witnesses. The point of the 6th Amendment Confrontation Clause is to give the defendant more rights at trial. These rights include, the right to confront their accuser and the witness that are against them. The 6th Amendment also establishes the guidelines for out-of-court

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The creation of the United States and the colonies that came before, brought about many legal traditions and precedents. Among these legal traditions and precedents, is an essential precedent present in all interrogation related proceedings and court ones—the Miranda warning. When an individual is detained, they may be subjected to an interrogation by designated officials. During an interrogation certain rights are guaranteed to an individual through the provision of the Bill of Rights to prevent self-incrimination and the historical precedent established before it. However, in certain situations, these rights were not always guaranteed as they should’ve been.

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After spending countless hours discussing the criminal court system in class and familiarizing myself with the content of Justice Hands’ quote, I have come to a conclusion that ties together a collection of opinions. The death penalty is an arbitrary and ineffective method of punishment that should only be used under one circumstance; if the defendant has been unequivocally found guilty of the murder he committed and would rather succumb to the death penalty than spend the rest of his life in prison without parole. There have been numerous cases throughout the years that have taken place where a defendant was denied his fifth and sixth amendment right to a lawyer and fair trial, and was left with no choice but to hold himself to deliver his own testimony. These circumstances can dramatically influence the outcome of a trial since it creates an unequal chance for the accused. For example, in both Gideon v. Wainwright and Argersinger v. Hamlin, both defendants were denied their right to a counsel.

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United States, the Supreme Court held that the Sixth Amendment forbids state institutions from instigating statements of self-incrimination from defendants, specifically after the right to counsel has been “attached” to the defendant. Massiah was accused of violating a federal drug statue; he maintained a lawyer, pled not guilty, and paid bail. Massiah eventually met with a co-defendant, who had decided to cooperate with the government by recording the conversation between him and Massiah. During a conversation with the co-defendant, Massiah had unknowingly incriminated himself, and such self-incrimination would be used against him in court. However, when Massiah appealed to the Supreme Court to void those statements, the court granted his request due to the absence of Massiah’s lawyer.

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For nearly fifty years police have been reading suspects their rights because of a landmark 1966 United States Supreme Court case, Miranda v. Arizona. The Fifth Amendment requires that law enforcement officials advise suspects of their Constitutional right to remain silent and to obtain an attorney during interrogations while in police custody. This protects the individual from self incrimination and if they were to speak it would be on their own free will. The United States Supreme Court has changed the way police conduct their duties to this day, while protecting an individual’s rights. Ernesto Miranda was convicted of his first crime while in eighth grade.

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Rights such as these, were put in place to inform citizens of their ability to not incriminate themselves, or their right to have counsel present at the time of their

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