ipl-logo

Juvenile Court Case Of Fare Vs. Michael C.

774 Words4 Pages

In the case of Fare versus Michael C., the question at hand is whether a juvenile defendant requesting to speak with his probation officers was a violation of his Fifth Amendment right to remain silent. The important issue was to dissect rather Michael C. requesting to have his probation officer present was equivalent to an attorney representation. When informed that this was not possible, he waived his rights and made admissions. In 1979, police officers arrested sixteen-year-old Michael C. involving him in a murder that occurred during a robbery in the victim's home. Since the age of twelve, Michael had been on probation and had a long criminal offense background. He was arrested and brought to the Van Nuys, California police station for …show more content…

He was informed that he has the right to have an attorney present during the interrogation and the interrogation will be recorded. Michael declined his right to have an attorney present. He agreed to be interrogated by the police officers without having an attorney present. During questioning, he produced sketches and made incriminating statements that linked him to the murder. While on trial for murder at Juvenile Court, Michael requested to suppress his sketches and statements due to the denial to speak to his probation officer during questioning constituted an invocation of his Fifth Amendment right to remain silent based on the Burton case. The California appellate court denied his motion, concluding that he had waived his right to remain silent during interrogation. On appeal, the California Supreme Court reversed the decision, concluding that Michael’s request to have his probation officer present constituted a per se invocation of his Fifth Amendment rights just as if he had requested an attorney. Justice Harry A. Blackmun reversed the state decision based on the state law that requires probation officers to represent the interests of juveniles. He

Show More
Related
556 Words | 3 Pages

Case 442 U.S. 707 Fare v. Michael C. February 27, 1979 through June 20, 1979. This case involves Michael C., a sixteen year old juvenile, brought to the police station in California by Van Nuys police on a murder investigation. The juvenile was read his Miranda prophylactic protection rights before being questioned; he requested to speak to his probation officer but was denied. Michael agreed to speak with the officers and also waived his rights to counsel. While doing this, he brought forward incriminating statements against him that in return, the juvenile landed himself in court on a murder trial.

Read More
218 Words | 1 Pages

Kaelea Tullly Moran v. Burbine Case When detained by the Police in Cranston, Rhode Island for breaking and entering Brian Burine was immediately given his Miranda Rights and he denied his right to a lawyer. Though the entire process the piece seemed to have obtained evidence they Mr. Burbine had committed a murder in near by providence Rhode Island. He confessed to the breaking and entering and tot the murder when he waved his rights. Because Mr. Burbine’s sister knew he had an appointment with a certain lawyer she called his office but he specifically was not available but his partner was.

Read More
706 Words | 3 Pages

Therefore, her claim of refusal being protected by the Fifth Amendment was false. Ms. Hearn’s ability to perform as an educator was not questioned by administration nor the courts, which relied only on her resistance to comply with the School Board’s “Drug Free Workplace” policy. Ms. Hearn appealed to the Supreme Court, which denied hearing of her

Read More
522 Words | 3 Pages

He was then captured and put into the San Francisco jail and was put on trial

Read More
928 Words | 4 Pages

Father further argues that the trial court erred by failing to hold Mother in contempt for violating the circuit court’s order with regard to father’s visitation of the minor children. Further, Father alleges that the circuit court erred in finding him in contempt for failing to satisfy his child support obligation. For the reasons that follow, the Court lacks jurisdiction to consider whether the trial court erred in failing to find mother in contempt. Further, we hold the circuit court did not err in finding Father to be in contempt. A.

Read More
891 Words | 4 Pages

This paper is to help show how sometimes judges can be Bias or inherent in the amount of bail set and other restrictions for pre-trial release while showing the concept of bail what can be done to prevent arbitrary and potentially prejudiced decisions from being made in the courtroom when it comes to bail by the judge, Also discuss the pros and cons of private vs. public defense. Introduction This paper will show the pros and cons of pre-release and define pre-trail release and bond, arbitrary. bond types also look into the factors of bail amounts a judge looks at to determine how much the defendant’s bail is and a few ways to prevent arbitrary and potentially Prejudice decisions from being made in the court by judges.

Read More
484 Words | 2 Pages

A man by the name of Ernesto Miranda was taken to custody in 1963 for kidnapping and rape. Then was sentenced 20-30 years in jail. He was interrogated for two hours by two police men, every individual should have their own rights to ask and answer questions unless told to Mirandize by a police man or the judge. Ernesto was being asked questions during the interrogation and the thing you’re supposed to do when they ask you questions is answer the questions, so Ernesto should have the right to talk during the interrogation. Ernesto didn’t know he should have a lawyer present during court when they discussed about his case of kidnapping and rape.

Read More
606 Words | 3 Pages

He was fired from the police force(Hamm). He later pled guilty and paid a $500 fine. From the time of his arrest he was

Read More
361 Words | 2 Pages

Ind was sent to Colorado State Penitentiary where he will spend his imprisonment in solitary

Read More
1392 Words | 6 Pages

To ensure that your rights are protected under the United States Constitution, the Miranda warning must be read to you upon an arrest. Danny Escobedo, a 22-year-old murder suspect, was arrested and taken to police headquarters for interrogation in connection with a shooting of his brother-in-law, about 11 days prior. He had been arrested shortly after the shooting, but was released after making no statement and had his lawyer obtain a writ of habeas corpus from the state court. In police custody, Escobedo confessed to firing the shot that killed the victim. He was not advised of his right to remain silent, violating his Fifth Amendment, and police interrogated Escobedo for several hours, while repeatedly denying his request to consult with

Read More
482 Words | 2 Pages

In June of 1964 in Gila County, Arizona, 15 year old Gerald Francis Gault was taken into custody by police for allegedly making obscene, harassing phone calls (In re Gault, n.d.). Gault claimed that a friend, Ronald Lewis, had made the harassing phone calls to a neighbor and that he was not involved in any way. Gault had already been placed on probation for a prior offense. After being taken into custody, Gault’s parents were not notified of his status by law enforcement officials(In re Gault, n.d.). Instead, Gault’s mother located him at the juvenile detention center, but was not allowed to take him home.

Read More
599 Words | 3 Pages

In the Supreme Court case New Jersey v. T. L. O., “TLO” (Tracy Lois Odem) had her pursed check by the school’s vice principal because a teacher had caught her smoking inside the girl’s bathroom. TLO then was convicted of dealing and use of illicit drugs discovered during the search. She later fought the search and presented this case to the New Jersey Juvenile Court. The court found her guilty of delinquency, but TLO repealed and the court reversed this decision and asked the Supreme Court to review the case. This case shows how controversial the Fourth Amendment can be but it also reveals that in certain cases that searches against students can be unreasonable and therefore violating their constitutional rights.

Read More
164 Words | 1 Pages

In terms of police interrogations, juveniles don’t have many rights. In terms of the constitutional protection, juveniles are protected by, 14th amendments test for voluntariness of confession under the totality of circumstances clause, the sixth amendments right to counsel, and the fifth amendments privilege against self-incrimination. In cases such as Haley v. Ohio and Gallegos v. Colorado, the courts decided that ones age, the time of the questioning, and the absence of a legal parent/guardian or a lawyer without waiver of these rights results in confessions that are involuntary and unconstitutional. Those are just some of the rights given to juveniles though. These rights don’t nearly compare to those rights in adult courts, but unlike

Read More
644 Words | 3 Pages

The court ruled that the officers made good efforts to locate the juvenile’s parents and that his confession was valid. To add to this, the juvenile’s parents must be contacted immediately because in U.S. v. John Doe, the officers contacted the parents but they waited 3 hours after the juvenile was taken into custody to contact them. It must be immediate for it to be

Read More
1745 Words | 7 Pages

Juvenile Transfer to Adult Court Introduction Children represent the future. They are greatest resources and the hope for a much better tomorrow. In the other side, some people think that youngsters invoke concern, since some kids lack self-control, ethics and morals. Those kids usually ended up in our criminal justice system.

Read More

More about Juvenile Court Case Of Fare Vs. Michael C.

Open Document