Columbia Southern University Miranda Rights and Fourth Amendment Discussion Part 1 Answer stated question and respond to classmate STATED QUESTION The U.

Columbia Southern University Miranda Rights and Fourth Amendment Discussion Part 1 Answer stated question and respond to classmate

STATED QUESTION

The U.S. criminal justice system deals with the conflict of protecting the rights of defendants and citizens. For example, Ernesto Miranda, a confessed rapist, robber, and kidnapper, was released by the Arizona criminal justice system because members of the system failed to notify Miranda of his constitutional rights (Miranda v. Arizona, 1966). By a five-to-four decision, the Supreme Court of the United States decided in favor of the defendant’s rights against the rights of citizens to be protected from such criminals.

Do you agree with a defendant’s case being completely dismissed if he or she is not provided Miranda rights? Why, or why not?

Reference

Miranda v. Arizona, 384 U.S. 436 (1966).

Please include the name of the person or question to which you are replying in the subject line. For example, “Tom’s response to Susan’s comment.”

CLASSMATE 1 RICHARD

Miranda v. Arizona, 384 U.S. 436 (1966)

Miranda was retried, he was not released. The prosecution did not use the confession at the 2nd trial. They didn’t need to. They called witnesses. One was his common law wife Twila Hoffman. He was convicted in 1967 and was sentenced to serve 20 to 30 years. He was paroled in 1972. Just because you are arrested does not mean the police have to read you your rights. I was arrested for a DUI when I was 25 and they did not read me my rights, and I thought Ah Ha! But no dice, they don’t have to read you your rights unless they are going to take you to the police station and interrogate you.

Personally, I don’t think someone should be released on a technicality but that is just my opinion and I might feel differently if I was accused of something I did not do. We are supposed to be innocent until proven guilty.

Richard

Reference:

Glass, A. (2017, June 13). Supreme Court issues Miranda ruling, June 13, 1966. Retrieved from https://www.politico.com/story/2017/06/13/supreme-…

PAST 2

Instructions

Use the CSU Online Library and locate article(s) pertaining to one of the following issues:

§Fourth Amendment rights

§Rights to an attorney

§Capital punishment

§Three strike law

Draft a case study that addresses the following points:

§Provide an overview of the case and examine how the case that you selected impacted future cases and society as a whole.

§Appraise how court decisions affect both citizens’ and defendants’ rights.

§Provide information on the court process as well as how this case or laws affected the sentencing guidelines.

Your assignment should be a minimum of two pages in length, excluding the title and reference pages. You are required to use a minimum of one outside source. All sources, including the textbook, must be cited and referenced according to APA standards.