If the suspect had refused to answer questions and demanded that he be appointed a lawyer, what “pressures” could Arnie have placed on the suspect? Arnie could tell him this is only going to make it worse for you. Arnie could also say that with or without a lawyer the witnesses, fingerprints, gun, and money are enough for him to go to jail. If he cooperates now then all of that can be avoided and he can tell the judge he was
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
A criminal suspect who decides to answer police questions without an attorney present still has the right to ask for an attorney at any later point. Once a suspect asks for an attorney, all questioning must stop until the attorney arrives.(Findlaw) This is why in the Michigan vs Jackson case why Mr Jackson was able to get away guilty, he asked for an attorney and wasn't given one right away and the police continued to question him, which violates his constitutional rights. So long story short with this case or any case from this case to a case that could happen tomorrow, when making an arrest or even putting someone in custody make sure you and the prisoner know both of your rights because no matter what, even if the guy is a serial killer if his rights are not read or upheld, he can get
Some of the pros and cons of the Miranda rights are as follows: The pros of the Miranda Rights ensure individuals have knowledge of all of their rights. Not every person that is arrested understands the law or the rights they have. By Miranda Rights being in place will protect individuals during an investigation. It will also limit their ability to appeal a court’s decision.
INTRODUCTION The United States incarcerates a greater percentage of the population than any country in the world (CBS, 2012). According to the US Bureau of Justice Statistics, over 2.3 million adults were incarcerated in federal and state prisons, and county jails in 2013. There are an additional 820,000 people on parole and 3.8 million people on probation (Wagner & Rabuy, 2016) Jail and prison differ primarily in regards to the length of stay for inmates.
Have you been arrested for something that you didn't do? Are you now faced with the prospect of defending yourself against an untrue allegation? Being arrested can be a scary and difficult time for most people. Trying to find a good lawyer to defend you can make it even more confusing. Fortunately, it doesn't have to be.
Entrapment is used by officers to persuade and lure suspicious civilians to commit a crime that they have not been proven guilty of. This article talks about entrapment and explains positives and negatives of they system. The article focuses on the holes and unclear frame work in the entrapment tactic. Entrapment is a useful tactic in catching suspicious criminals before they commit a crime that could possible hurt someone. This is a good and efficient tactic for officers, it keeps the innocent safe.
You Have the Right to Remain Silent..., sound familiar, this is the first of the Miranda Rights. Miranda Rights are the rights that any person who is taken into police custody is entitled to. As stated in the sixth amendment, “In all criminal prosecutions, the accused shall enjoy the right to a speedy and public trial,...” this means that anyone taken into custody by authorities has the right to a trial to prove themselves either innocent or guilty. Some questions people might ask about the Miranda Rights are, “Why is it important for people to have their Miranda Rights read to them while they are being questioned by police?”, and “Why do people have the right to remain silent?”, or “Why should they have a right to have a lawyer present when they are being questioned?”
There are many reasons why people get convicted of crimes, and even more varieties in the sentencings of those crimes. Another category to consider are those who have committed a crime and recieve an alternative punishment to that crime, outside the norm. Juries listen to circumstances and must determine a fair and appropriate sentencing for individuals with unique situations; specifically when a person commits an unlawful act and is exempt criminally. Reasons of mental insanity, when a person is not mentally capable of knowing what they are doing, and self-defence, when a person uses a reasonable amount of force to eliminate a threat, are the two main justifications used before juries. Mental insanity can be defined in many different ways,
A police officer must be cautious in the order in which they hesitate or question the suspect and read the suspects rights. No matter if the prosecutor is guilty or not we should be told our constitutional rights. ‘’You have the right to remain silent. ... You have the right to an attorney. If you cannot afford an attorney, one will be appointed for
Sentencing Sentencing occurs after a defendant has been convicted of a crime. During the sentencing process, the court issues a punishment that involves a fine, imprisonment, capital punishment, or some other penalty. In some states, juries may be entitled to determine a sentence. However, sentencing in most states and federal courts are issued by a judge. To fully understand the sentencing phase of criminal court proceedings, it is important to examine how sentencing affects the state and federal prison systems, learn the meanings of determinate and indeterminate sentencing, and understand the impact Proposition 57 has had on sentencing in California.
There could be a positive outcome were an obstacle can be turned into good. An example would be going to jail because it has a negative situations to positive. Going to jail might be something difficult to understand ,but let’s say someone was accused on a situation for being a liar by committing something illegal. Well going to prison for couple of months can make the person better by learning not to do bad things.
Have you ever been to jail? If so, was it for just a night, a week, or even several years? Well, if you have, you know the time you step behind them walls all of your respect and rights are thrown out the window. It is a system that is set up to either make you or brake you. I’ve seen plenty people come to prison and crack under pressure
In a world without law peace and justice would be hard to maintain. The law is created to help protect the people’s rights and keep them safe. Throughout time laws have been changed either creating new laws or restructuring old laws or just removing old laws. There is a thin line between right and wrong and that is why people have been struggling throughout the ages to come up with the perfect set of laws to follow. With this uncertainty set in place the question of whether if it is ever justified to break the law comes up.
In most situations, it is wise to stay silent to avert self-incrimination. Avoid casual talks with law enforcement. 3. Maintain composure-During interrogation process, the officers are always seeking to upset the suspect, rubbish his credibility and poke hole in his story. An individual needs to avoid panic when questions are more focused, calm down and give most efficient answer to the questions.
