Brief Arizona v. Hicks 480 U.S. 321 (1987) Facts: A bullet was fired through the floor of Hick’s apartment on April 18th, 1987. The bullet injured a man in the apartment below Hick’s apartment. Police officers arrived at Hick’s apartment to investigate the shooting. Upon investigating, the police officers seized 3 weapons and a stocking mask. Also, while investigating, one of the police officers noticed expensive stereo equipment.
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.
It made it to the Court of Appeals because of writ of certiorari Key Issues If the police made false arrest? Did the police have probable cause to make an arrest? If they didn’t have probable cause to make the arrest do they have qualified immunity?
Twenty five year old, Nancy Cruzan lived in the state of Missouri. Unfortunately, One night Nancy was involved in a very serious automobile accident on January 11, 1983 where she was coming home from working a long evening shift. Nancy Cruzan drove a very old vehicle, so it lacked seatbelts. Cruzan lost control of her vehicle, hit a pole and her car overturned and flipped numerous times. Nancy was ejected from her car driver seat and was found face first in a ditch.
In addition, Arizona claimed that Miranda signed the confession willingly and his conviction was based off Arizona law. Arizona claimed the Supreme Court should uphold its conviction and should not downgrade the work from the
Under Ariz. Rev. Stat. Ann. § 13-502, does Aaron Wilson, 1) suffer from a mental disease or defect at the time of the incident, and 2) know right from wrong at the time of the incident; and will therefore be found guilty except insane? A.R.S § 13-502 states “a person may be found guilty except insane if at the time of the commission of the criminal act, the person was afflicted with a mental disorder or defect of such severity that the person did not know the criminal act was wrong.” Ariz. Rev. Stat.
The Supreme Court finally reversed the Fourth Circuit, and took Grahams case to trial. The Supreme Court later remanded Graham’s case back to the lower courts with orders to persecute the officers based on the Fourth Amendment’s “objective reasonableness
This court’s decision was that Miranda’s rights were not violated (United States Courts). Ernesto wasn’t happy with this decision, so he appealed it. The Arizona Supreme Court also decided that Miranda did not have any rights violated due to the fact that Miranda supposedly never asked for an attorney (Oyez). Miranda said he had asked for one, but was denied one (Miranda V. Arizona). Miranda then found other people who had the same problem as him.
Judgment: The United States Supreme Court reversed the decision that was made by Arizona in Ernesto Miranda’s case because no efforts were made by Arizona to inform Miranda about his legal rights before the interrogation took place, thus this makes the interrogation and confession unconstitutional and it should have never been accepted as evidence. Miranda v. Arizona, 384 U.S. 436
Many years ago, the first organized American Police Department system was started in Boston, in 1838. (Dempsey & Forst, 20120 p. 7). The Boston Police Department provided 24 hour service which, was funded by the New York legislature. Most of the policeman on the force had little to no training but that changed over time as the importance of law enforcement in society became more prominent. As time progressed so did the police department 's use of technology to better equip the officers with easier means to do their jobs.
The constitutional issue in this case was the 1st amendment. Gregory Lee Johnson was tried for burning an American flag but the Supreme court decided he wasn’t guilty. They said that it was
Throughout the 1900s, the critical motion of the Civil Rights Movement greatly influenced society. The various cases that were introduced in courts impacted the fight for equality as well as the creation of stronger laws. A powerful case in this era was Miranda v. Arizona. In this case, a man that confessed to accusations was set free because he was not advised of his rights to remain silent and request a lawyer. The ruling of this case shows the fulfillment of the legal tradition of the promise against self-incrimination by showing the importance of the Fifth Amendment, the signifcance of the right to an attorney, and that under the law, you are innocent until proven guilty.
Before we ask you any questions, you must understand what your rights are. You have the right to remain silent. You are not required to say anything to us at any time or to answer any questions. Anything you say can be used against you in court. " These rights are due to the landmark case of 1966 known as Miranda vs. Arizona.
The problem arose when the police officers said they had not advised Miranda of his right to an attorney. Miranda’s lawyer was concerned that his Sixth Amendment Right had been violated. This case was noticed by the ACLU and was taken to the Supreme Court. This case raised issues within the Supreme Court on the rights of Criminal Defendants.
The work of the Rehnquist court were thought to be more conservative and advancing a decrease of legal rights for unlawful suspects, defendants and condemned offenders (Spohn, and Hemmens, 2012). The Rehnquist Courts stance on the right against self- incrimination and the right to remain silent remains the same. Rehnquist voted to reaffirm the court’s 1966 decision in Miranda vs. Arizona based on his thoughts that the totality of the circumstances test being more difficult than Miranda for law enforcement officers to conform to, and for courts to apply in a consistent manner. (Spohn and Hemmens,
