Miranda Vs Arizona

The judicial review process is an important aspect of the US Court system. The process involves the use of powers by the Federal Courts to void the congress' acts that direct conflict with the Constitution. The Marbury v. Madison is arguably the landmark case that relates to Judicial Review. The Marbury v. Madison case was written in the year 1803 by the Chief Justice at that time named John Marshall. Thomas Jefferson won an election on the Democratic - Republican Party that had just been formed creating a panicky political atmosphere having defeated John Adams of the previous ruling party.

When police arrested Miranda, they failed to inform him of his Fifth Amendment and Sixth Amendment rights before the interrogation. During the interrogation Miranda confessed to all of his alleged crimes and was taken to

The Supreme Court’s decision of 1954 in the case of Hernandez v. Texas was the start of a breakthrough for Mexican Americans in the United States. The case was brought to existence after Pete Hernandez was accused of murder in Jackson County, a small town called Edna, Texas. The special thing about this case that makes it significant was the jury that were including in this trial. It was said that a Mexican American hadn’t served on a jury in the county of Jackson in 25 years. With the help of a Mexican American lawyer, Gustavo Garcia, the case was brought to the highest court level and was beheld as a Violation of the constitution.

Anyone who has been arrested before should know their rights therefore no matter what that person had done they are required to read you your rights as you are arrested. But who created the Miranda rights? The Miranda rights were first created by the Supreme Court after a man named Ernesto Miranda was convicted of his crime without his rights read to him. This case Ernesto, he was convicted of kidnapping and raping an eighteen year old ill woman. I disagree with this because of his past crimes along with his new crimes.

Jury selection did changed, now states could no longer exclude citizens from jury service based on their ethnicity or race. In conclusion Hernandez v. Texas was a good cause for Mexicans. Pedro Hernandez murdered Joe Espinoza and then he was refused a multi-racial jury of his peers, but the Texas court house denied his appeal. The lower courts reject the Courts ruling because the state of Texas argued that the fourteen Amendments covered only black and whites.

This ruling is controversial because many say that this will let guilty people go free on police carelessness, while others say that the constitution is not a technicality and allows for the equal prosecution of all

citizens and their rights that have been granted to them in the amendments of the constitution. All U.S. citizens are treated equally and all have the same rights that authorities must give them in order for them to be arrested or detained for violating rights that they never were stated. In 1966, Miranda v. Arizona case exercised the rights of the amendments for a man that didn’t know his rights because the police never told him so he won his case and was freed because he was never told his rights. Miranda v. Arizona was closely related to the case Escobedo v. Illinois (1964). Falk stated that the appeal of the Arizona Supreme Court ruling was made possible because the earlier decision.

The book describes the Miranda Rights, which are the legal rights that a person under arrest must be informed before they are interrogated by police. If the arresting officer doesn’t inform an arrested person of his Miranda Rights, that person may walk free from any chargers. The book also talks about double jeopardy, double jeopardy is the right that prohibits a person from been tried twice for the same crime. In other words if a person is found innocent and sometime later new evidence surface that can incriminate him with the crime that he is “innocent” he cannot be charged for that same crime. The book also mentions self-incrimination, which is the right that no citizen will have to be a witness against himself.

Arizona ruling eliminated the fear of the accused from torture and coercion and notified individuals of their rights that they otherwise wouldn’t have known that they had. The ruling explicitly stated that if a person was not informed of their Fifth Amendment right, then compelling pressures could cause a person who otherwise not have spoken, to incriminate themselves (Document J). In the Fifth and Sixth Amendments, it had not specifically stated that a suspect must be informed of their rights before they are questioned. The ruling of Miranda v. Arizona finally cleared up the confusion concerning the rights of the accused and self-incrimination and required officials of the law to read out the warning known as the Miranda warning to anyone they may question. Additionally, manuals such as Fundamentals of Criminal Investigation, specified the rules to be used during interrogations to prevent coercion (Document F).

Decision: The initial Supreme Court ruling had caused Miranda’s case to be overturned, he was freed from prison and returned to his home. (5-4) Decision. The Supreme Court reversed the lower court’s decision and overturn the Miranda case. Comments: This was a major case which opened the door for 5th amendment rights and fairness to

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.

If you cannot afford a lawyer, one will be provided for you at government expense.” So, the Miranda ruling requires that, prior to any questioning, a person who is in police custody must be warned that: 1. They have the right to remain silent. 2.

Name Tutor Course Date Marbury v. Madison 1. Summary of the history of the case and its significance on our structure of government.

“Elastic Clause”. This clause is also often referred to as the “necessary and proper” or the “sweeping” clause. It can be found in article 1, section 8 of the constitution, clause 18. The “elastic clause” puts forward that Congress has the power to pass any law that they have deemed to be both necessary and proper to implement the powers that have already been delegated to the Congress. (U.S Const.

DANIEL COLON CJA 301 MODULE 2 CASE TRIDENT UNIVERSITY The Miranda rights have been established to provide suspected criminals their rights upon being arrested. By being read these rights, the criminals know what they are entitled to, such as the right to remain silent and to obtaining an attorney (Prentzas, 2005). However, in recent years many terrorist suspects have not been read these rights and it has come to the point that many people, lawmakers and officials believe that they should not be entitled to the rights that are drawn out in the Miranda warnings. As these terrorist suspects are innocent until proven guilty, are no different than any other criminals, and have the Fifth and Sixth Amendments backing them up, they should be guaranteed the rights given by the Miranda warnings.