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The Criminal Justice System: Miranda V. Arizona

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Criminal Justice System The Criminal Justice System is a lengthy process in which those convicted of a crime go through in order to determine the type and time of their sentencing. Crime is breaking any part of the law. Crime can be of various levels of significance depending on the type of crime committed. Misdemeanors, which are minor crimes, can result in under a year in jail/prison. Fellonies, which are serious crimes, can result in much longer periods of time in prison. Misdemeanors would be considered as things like shoplifting, while felony would be defined as things like murder. People commit crimes for many different reasons. Some people commit crimes because they feel it is a necessity, due to a lack of money or basic needs to live. Others do …show more content…

Before a criminal can be entered into the legal system, it needs to be proven that they are actually guilty. The police can have a consensual encounter with the offender to gather more information and perhaps find a reasonable suspicion or even probable cause to allow the police to have further questioning on the lawbreaker. If reasonable suspicion is found, an investigative detention and/or stop and frisk is warranted. If probable cause is found, they will be arrested by the police. The accused has rights through this process secured under Miranda v. Arizona, which determined that everyone has privilege against self-incrimination and must be reminded of this right before questioning for their own protection if court occurs. If an arrest occurs, the next step in the criminal justice system is charging, the act of accusing someone of a criminal charge. In this step, a person can either be found innocent or guilty of a crime by a grand jury. A grand jury is a group of people selected to hear the defendant and prosecutor. The prosecutor has a role in a trial that is against the person that committed the crime, often on behalf of the

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Miranda Vs Arizona Case Study

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The decision of The Supreme court for Miranda V. Arizona addressed 4 separate trials. In the Miranda V. Arizona trial while he was being questioned he had no contact with the outside world. In the trial he was not told all of his rights. The questioning brought about oral statements, three of which, were signed statements that were disclosed at trial. Miranda was arrested at his house where he was then taken to the police station, and identified by an witness.

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Case Brief Miranda Vs Arizona

688 Words | 3 Pages

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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305 Words | 2 Pages

In each of these cases, the defendant was questioned by police officers, detectives,

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Case Brief Case: Miranda v. Arizona (1966) Facts: The Miranda warning, which informs criminal suspects of their rights to remain silent and to an attorney while they are in police custody or being questioned in a detention facility, was created by the landmark Supreme Court case Miranda v. Arizona (1966). It was brought by Ernesto Miranda, who was detained under the charges of rape, kidnapping and robbery. He wasn't told of his right to an attorney or the right to remain silent before being questioned by the police, so Miranda admitted to the crimes while being interviewed. The confession was admitted into evidence during the trial, and Miranda was found guilty. Procedural History: After Miranda was convicted, he appealed to the Arizona Supreme Court who reaffirmed his rights had not been violated.

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1528 Words | 7 Pages

On March 3, 1963, an 18 year old female was walking home from her job when she was grabbed and thrown in the back seat and tied up. She then was driven around for 20 minutes before the car stopped and the man raped her. After raping her he then dropped her back off at the spot at which he had kidnapped her at. (Greenwood, 5.5) After investigating the crime for ten days, police arrested a 23 year old man named Ernesto Miranda in his own home.

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1005 Words | 5 Pages

Ernesto Miranda was tried for the kidnapping and rape of an 18 year old female. When they brought him in, the girl was not able to positively identify him in a lineup (Miranda V. Arizona). He was then interrogated for two hours by two of the officers that arrested him. At the end of the interrogation, Ernesto wrote and signed a confession (United States Courts). Ernesto was tried in Phoenix Arizona, but his lawyers said that the trial was unfair and that his 5th and 6th amendment rights had been violated due to the fact that Ernesto was never told his rights (Miranda V. Arizona).

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If the accused refuses to answer questions or waives their right to counsel, the police can only interrogate the accused with the accused's legal counsel present as a result of Minnick v. Mississippi (Hall, 2015).Several variables are to be considered when law enforcement is conducting a custodial interrogation such as the age of the suspect, the intelligence level of the suspect, how familiar are they with the criminal justice system, and the mental and physical capacity of the suspect in terms of the crime they are suspected of committing as well as their voluntariness to waive their rights (Bethel, 2015). These variables are crucial for the prosecution as it details the suspect's characteristics and sometimes their motives for the crime they committed, and sometimes give further details than the officer anticipated, but the burden of proof lies on the prosecution's shoulders to prove the suspect waived their rights (Bethel, 2015). There are some instances where the suspect will "lawyer up" and the evidence is overwhelming, and the prosecution can elaborate the suspect refused to cooperate and refuse to reduce certain charges or offer a lesser charge for the suspect. The same applies to a suspect giving details of other details that are a violation of Miranda and cannot be used against the suspect but can be used in conjunction with other cases that are being investigated

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When a person has been charged with a crime, it's after the police have conducted an investigation. There are many times when the investigation has caused the police to arrest the wrong individual. The accused has the right to have their own investigation conducted by professional detectives working for the defense. Defense attorneys can have their own in-house criminal defense investigator to find facts and evidence that will proclaim their clients' innocence. (-- removed HTML --) Associate Degree Criminal Justice (-- removed HTML --)

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A Very Popular Criminal Case: Miranda V. Arizona

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Miranda v. Arizona is a very popular criminal case, it occurred in 1966. Miranda v. Arizona is a case where a man, Ernesto Miranda, was charged for rape, kidnapping and robbery. When he was sent to interrogation the police officers did not advise him about his rights as criminal. Thanks to Ernesto Miranda, officers must say the rights we have when being arrested, these rights are called The Miranda Rights. However, Ernesto Miranda was an eighth grade dropout, at the age of 22 he kidnapped and raped a mildly retarded 18 year old

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599 Words | 3 Pages

Within the court case of Miranda v. Arizona, Miranda was a poor immigrant from Mexico, who lived in Phoenix, Arizona in 1963 (Schmalleger, 2011). Miranda was accused of kidnapping and rape and was arrested after the victim of the crime recognized him in a police lineup (Schmalleger, 2011). Miranda was questioned by police while in police custody for two hours. The rights under the Fifth and Sixth Amendments were not told to Miranda by the officers interrogating him, which are the rights against self-incrimination and right to assistance of an attorney (Harr, Hess & Orthmann, 2012). Considering Miranda was not aware of his rights, he ended up confessing to the crimes, which he was charged (Harr, Hess & Orthmann, 2012).

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First step is the initial appearance which will happen within 24 hours of your arrest. Here the defendant is brought to court and informed of their constitutional rights. They are asked if they can afford counsel. The judge informs the defendant of the charges against him. Next step is bail.

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524 Words | 3 Pages

Ernesto Miranda was serving a 20-30 year sentence in 1963 and got paroled in 1975 and later got stabbed to death in a bar in 1976. Now almost everybody gets read their rights so this doesn’t happen again. The rights that are said to any accused person are called the Miranda rights. In the late 1960s is when Miranda started getting accused for his crime, that was when the U.S. had about half a million troops in Vietnam, the population exceeded 195 million, Stokely Carmichael took over at SNCC, the stonewall riots, and when native americans occupied Alcatraz. The famous case in the late 1960s was called Miranda v. Arizona.

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The United States constitution is a document that, although it’s over 200 years old, still makes up the foundations of the United States government. The only reason it’s possible for a country to maintain a set of laws for 200 years is because the Supreme Court is allowed to make amendments to these laws as needed. This makes the constitution a living document. Throughout history, some of the country’s most famous court cases have been responsible for these amendments. One major case that affected the U.S. Constitution was Miranda v. Arizona in 1966.

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