ipl-logo

US 707 Fare Case Summary

556 Words3 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. Fact: Michael is a sixteen year old juvenile who is already on probation from several other offenses he has gotten before this incident had occurred. …show more content…

Fifth Amendment was violated when he asked to speak to his probation officer and was denied. This decision was based on state law. During this time Kenneth Fare, Chief Probation Officer, spoke on behalf of the State of California. Fact: In the State of California probation officers can represent the interest of a juvenile. Issue: My last issue with this case is Kenneth Fare, the Chief Probation Officer v. the Respondent Michael C, the juvenile. Why is v. between their names and not their names together v. The Supreme Court? Court holding on this case, Probation officers are not attorneys in the criminal justice system. Michael C., the juvenile, requesting to speak to his probation officer is not the same as asking to speak to an attorney. My opinion on this case would be I feel that the Van Nuys Police Department was more concern about getting to the bottom of this murder even with the fact their suspect could be a juvenile. Their concerns of whether or not the juvenile, Michael C. understood the seriousness of the charges, his rights and his maturity level of understanding was not important. I do not feel his Fifth Amendment was violated when asked to speak to his probation

Show More
Related
583 Words | 3 Pages

Maxton) of the minor in custody. He meets the mother at her apartment then claims that he want to help the mother get her child released from juvenile detention for a sexual encounter with the mother (Lynch T., 2013). The mother had sexual intercourse with Officer Steele believing that he would get the child released from the juvenile detention center, but later finds out that it was all a lie (Lynch T., 2013). The prosecutor learn about the aspect of this case and immediately push for the minor release with all charges

Read More
1009 Words | 5 Pages

STATEMENT OF THE CASE On March 25, 2011, the People filed a felony complaint charging defendant Michael Meyers with the following crimes: Count 1 – Assault with Semiautomatic Firearm in violation of Penal Code § 245(b), Count 2 – Assault with Deadly Weapon/Force like to Cause GBI in violation of Penal Code § 245(a)(1), Count 3 – Burglary, Burglary in the First Degree in violation of Penal Code § 459, Count 4 – Child Endangerment in violation of Penal Code § 273a(a), and Count 5 – Making a Criminal Threat in violation of Penal Code § 422. The Defendant was arraigned on the complaint at which time was advised of the constitutional and statutory rights. Defendant pled not guilty to all charges and denies allegations, and did not waive time. Bail was set at $100,000.

Read More
712 Words | 3 Pages

Rachel Ortiz- Wynne Ms. Bonner Forensic Science Date assigned: 4 October 2017 Date due: 17 October 2017 Miranda v. Arizona The case of Miranda versus the state of Arizona started out when Ernesto Miranda was arrested. The crime committed was an armed robbery, kidnap and rape of an 18 year old girl.

Read More
840 Words | 4 Pages

The juvenile courts need to go off of the seriousness of the case. In my opinion, if juveniles don’t get the proper charges, then there is always a chance that the juvenile could always continue to commit crimes. In this case, I believe Kent did not fully get his basic due process rights that should be granted to him. He was never fully investigated, which lead to the waiver eventually being

Read More
552 Words | 3 Pages

Therefore, when there is a refusal for a counsel, then it needs to be stated succinctly in the record (Gagnon v. Scarpelli: 411 U.S. 778 (1973). (n.d.). Nevertheless, although the state is not required provide a counsel in all cases, but regardless if they are an indigent parolee or probationer, they are in need of a counsel to represent their case (The Findlaw-United States Supreme Court case and opinions, (n.d.). In the meanwhile, he agreed to the terms of the probation and a Travel Permit was issued to allow him to live in Illinois, in which he would be supervised. Therefore, on August 5, 1965, he was to report the Adult Probation Department of Cook County, Illinois.

Read More
783 Words | 4 Pages

Abstract Miranda v. Arizona took place in 1996. The case involves a Hispanic man named, Ernesto Miranda and the state of New York. Miranda is being charged with rape and kidnapping. He was held in interrogation for a lengthy amount of time until he eventually confessed. He was found guilty and the conviction was approved by the supreme court because he did not request a lawyer.

Read More
2380 Words | 10 Pages

During the fall of 1993, Shirley Crook’s, a loving mother and wife, life was horribly cut short in one of the most horrific ways possible, drowning. Seventeen year old, Christopher Simmons, wrapped his victim in duct tape and electrical cords and drowned her in a river with help from his accomplices John Tessmer and Christopher Benjamin. He attempted to burglarize the Crooks residence along with his accomplices, and he only murdered Mrs. Crooks because ‘the bitch seen my face’ (State v. Simmons). He “assured his friends that their status as juveniles would allow them to ‘get away with it.’... Brian Moomey, a 29-year-old convicted felon who allowed neighborhood teens to "hang out" at his home.

Read More
776 Words | 4 Pages

In the case of Ohio v. Clark, Darius Clark states that by using a three and a half year olds word as testimony, it violates his sixth and fourteenth amendment rights. He argues that this child is not “mature enough to give reliable testimony, uninfluenced by those who might try to shape what they say and unaffected by the pressure of a trial setting” (Denniston 2). Although the man pleaded guilty to the charges of child abuse and received 28 years of prison time, he knows that his sixth amendment right was violated and is fighting against it. The use of someone that “is incompetent to appear in court as a witness” violates the sixth amendment and the fourteenth amendment pertaining to the Due Process Clause filed under it in Section I (Ohio

Read More
1341 Words | 6 Pages

None of the following were ever contacted by Appellant’s trial counsel. Had they been, they would have been willing to provide the following information. Mark Bowden provided the undersigned with an affidavit setting forth the following. See Exhibit 4. Bowden was with Appellant the night before and the morning of his September 1982 arrest for kidnapping and other charges.

Read More
442 Words | 2 Pages

Unbeknownst to the respondent, his sister found an attorney to represent him. The attorney contacted the police and informed them of his representation, and the police responded that they were not questioning him at that time. Therefore, the police did not inform the respondent that he had counsel, and they misinformed his counsel concerning the timing of their interrogation. • J.D.B v. North Carolina- a North Carolina boy identified as J.D.B. was 13-year-old special education student in 2005 when the police showed up at his school to question him about a string of neighborhood burglaries. The police had learned that the boy was in possession of a digital camera that had been reported stolen.

Read More
1061 Words | 5 Pages

Legal Brief (About 2 pages) Case Name: Case Number: If you like you can copy/paste this for your notes: “Quotation” In Text Citation: Works Cited citation Why this is important/Why I want to use it: Paragraph #1: Facts of the case Ernesto Miranda was born in March (1940) in Mesa, Arizona, he skipped class, often went to a prison for teens after burgering, then later he went to California to join the army and start a new life. On “March 2, 1963”, he pushed an 18 year old woman into the backseat of his car. He drove her for 20 minutes, then he sexually assaulted her and robbed his victim as he did with 3 others. He drove 20 blocks from her house and let her free.

Read More
202 Words | 1 Pages

As a predisposition writer in a juvenile setting the probation officer will be tasked with the important process of writing a report for the judge to take into consideration. A Predisposition report consists of the client’s complete prior history. The probation officer that writes these reports is required to gather all the information that they feel will be necessary to make a proper judgment on the juvenile. Probation officers will collect information on the juveniles past history with law enforcement, family problems, mental health issues, what they client feels are their needs and wants, and numerous other issues that may arise during the meeting. Once this information is gathered and concluded to be factual the probation officer will

Read More
707 Words | 3 Pages

This case was made on the main issue of whether there was sufficient enough facts for the juvenile court to waive jurisdiction (Gardner). This case brought looks upon the parens patriae doctrine that states the court should be of protection for this person unable of self protection and intervene as demanded (Paulsen). This forced the Supreme Court to act upon these issues and unjusts. The Supreme Court then went into trialing of the case to determine a

Read More
677 Words | 3 Pages

A Fourth major court case was Breed v. Jones because it prevents juveniles of becoming victims to double jeopardy (being tried more than once for the same type of crime) in the court system. A fifth major court case was McKeiver v. Pennsylvania, In re Terry, and In re Barbara Burrus. This case made an impact on the treatment of juveniles today because jury trials of juveniles are not constitutionally needed. • How are status offenders handled in the juvenile system?

Read More
1422 Words | 6 Pages

Case Brief Title & Citation: 1. Kent V United States 2. 383 U.S. 541 (1966) The Facts: The police detained and questioned 16-year old Morris A. Kent Jr., in connection with several incidents involving theft by force and rape. After admitting to having some involvement, the juvenile court canceled its legal control, allowing the court to try Kent as an adult.

Read More

More about US 707 Fare Case Summary

Open Document