Violation Of Miranda Rights

Technology seems to come hand in hand with modernity. It has made most tasks that used to take days to complete much easier. Technology has also improved the channels of communication. The invention of the modern day smart cellphone coupled with social media networking has allowed mankind to be in constant contact with one another from across the globe. However, despite these vast improvements, technology has also come with a lot of risks especially regarding personal information.

Throughout the course of America's History, there have been decisions in law that have defined the America as a country, that have reinvented laws for better or for worse, and have affected the lives of millions. Some of these impactful decisions fell under the jurisdiction of the Supreme Court like Marbury v. Madison, Dred Scott v. Sandford, and Plessy v. Ferguson. Of course without the judgment of the Supreme Court Justices, none of the decisions could have been made. Earl Warren was a Supreme Court Justice who served from 1953 to 1969. During this period Earl Warren was truly able to leave a lasting impression on America’s history by helping decide court cases that were extremely important to the lives of millions in America then and now.

The Fourth Amendment is “the right of the people to be secure in their persons, houses, papers, and effects, against unreasonable searches and seizures, shall not be violated, and no warrants shall issue, but upon probable cause.” In other words, it is against the law for police to search any person without probable cause and an issued warrant. (Cartoon Surveillance) This protects the privacy of the innocent people that may not be considered guilty. However, giving the people a right to a warrant is only giving them an advantage, while the police and the government have a disadvantage. Issuing warrants take away time and privilege for police. Needing a warrant may unable police to some investigations as well. The Fourth Amendment was created for safety and privacy reasons, but has deterred the efficacy of law-enforcement; needing a search warrant makes gathering evidence harder, police investigations have been delayed, and the Exclusionary Rule causes some investigations to be inadmissible.

Chapter 4 of the book We the People talks about Civil Liberties, this chapter mainly talks about the Rights that were placed in the Constitution (not in the Bill of Rights), it also talks about the Bill of Rights and it describes the rights protected by the Bill of Rights. It also talks about specific rights that work close together with the Bill of Rights and Amendments rights. One of the first Amendments that is described in great detail is Freedom of Speech and Religion. The first Amendment protects US citizens right to talk about almost any topic in the United States. I said almost any topic because there are some forms of speech that aren’t protected by the First Amendment (these forms of speech can be limited or prohibited), some of the forms of speech that aren’t protected by the First Amendment are Fighting Words and Hate Speech, Student Speech, Libel and Slander speech. These forms of speech aren’t protected by the First Amendment because they can help to incite people

A public school cannot suspend a student with no notice or hearing because it infringes on his or her rights. The specific amendments broken by the public school officials are primarily the fifth and sixth. Public schools are not allowed to take away rights and liberties given to the American people. The suspended student was denied his rights to due process and his right to formal informant of crime committed.

The Sixth Amendment right states that a Criminal Defendant, Miranda, has the right to a public trial with unnecessary delay, the right to a lawyer, the right to an impartial jury,

The fifth amendment to the United States constitution should remain just as it is, meaning that no person should be forced to provide incriminating evidence against themselves. And to do so would go against the natural law of self preservation. But by not compelling a person to provide evidence against themselves offers one relief from perjury in order to preserve themselves.

The creation of the United States and the colonies that came before, brought about many legal traditions and precedents. Among these legal traditions and precedents, is an essential precedent present in all interrogation related proceedings and court ones—the Miranda warning. When an individual is detained, they may be subjected to an interrogation by designated officials. During an interrogation certain rights are guaranteed to an individual through the provision of the Bill of Rights to prevent self-incrimination and the historical precedent established before it. However, in certain situations, these rights were not always guaranteed as they should’ve been. The Miranda warning was established to fully complete the legal promise of self-incrimination

When people are suspects under the law, they are entitled to their Miranda rights. A persons Miranda rights entitle them to remain silent, have an attorney present, have an attorney appointed to them if they cannot afford one, and that person is questioned if they understand those rights. It seems that a whopping 80% of suspects waive their Miranda rights. There are no exact reasons, only speculations as to why people waive that right. One that I will focus on is “Why do I need an attorney, if I did not do anything wrong?”

This is a criminal case, in which the Supreme Court ruled that there was no probable cause to arrest Hayes. Hayes did not give consent to be taken to the police station and be detained plus fingerprint. Therefore, Hayed Fourth Amendment rights were violated and the conviction was overturned.

The Fourth Amendment affirms that "people are secure against unreasonable searches and seizures, no Warrants shall issue, describe the place to search, and the persons or things to be seized." There should be a warrant for everything if what a person is being charged for is risking their rights as a U.S citizen. For example the privacy of a citizen is safe under the Fourth Amendment. Second, the property belonging to U.S citizens is secure from search and seizure without a warrant. Third, due to the Fourth Amendment, any citizen is safe from unfair arrests. Even though warrants help citizens they also make it more difficult for detectives and they make it difficult for government to collect evidence to use it against someone who actually commits

The fifth amendment to the United States Constitution guarantees, among other things, the right of any person accused of a crime to not testify against himself. This amendment has been a part of the U.S. Constitution since 1791. However, it was not until the 1960s that law enforcement were forced to really take this Constitutional Right seriously.

In the case of the Steven Avery and Brendan Dasey’s trial, there were quite a few errors in the trial. Even though I believe Steven Avery is guilty beyond a reasonable doubt I also believe that the law made several large mistakes. The constitutional rights that were violated by the Wisconsin justice system were among the sixth and the fifth amendments. The fifth amendment in the aspect of Miranda rights states that a person being interrogated or receiving custodial questioning must be told their Miranda rights. These rights are the right to remain silent, anything you say can and will be used against you in a court of law, the right to an attorney, if you cannot afford an attorney one will be provided for you. These rights were made to be impressed

The Court has examined many cases dealing with police brutality that lead to confessions. The Commission on Civil Rights in 1961 made clear that , “some policeman still resort to physical force to obtain confessions” (O’Brien 1105). Unless safeguards are put in place these issue will not go away. In Chambers v. Florida the Court decided that interrogations could be physical or mental. Today interrogation are still in a private setting, and that privacy creates holes of information because few people know what is going on in the room. Police manuals and tets speall out tactics used with success. The manuals give recommendations and are used by law enforcement. The manuals make it clear that alone time with the suspect is crucial. The manuals also believe in isolating the suspect from the world and waiting for the suspect to crack. When normal tactics do not work, the police may decide to give false legal advice. Making the subject insecure is also a crucial tactic. Even without violence, the advice given in manuals is stripping individuals of their rights. In this case, Miranda is a mentally unstable individual with obscene fantasies. Police did not use proper safeguards to guarantee that statements were made freely in any of these cases brought before the Court. This environment is intentionally meant to intimidate and

Why do we obey the Miranda Rights? We obey the Miranda Rights because it 's the law and if people do not obey them then they will get into major trouble. The Miranda Rights are important because it 's more than words. It is more than words because miranda rights are laws that anyone that is everyone must obey them or they will be sent to a court of law and be judged whether or not the person being convicted of the crime should be released or thrown in jail. We get thrown in jail because of the bad things we do as a person such as: stealing from a store, having illegal items, have any number of slaves in your house, etc. Miranda Rights Meaning Right to Remain Silent Lawyers during questionings Miranda Rights: More than Words