Wednesday, June 12, 2019

Individual Rights Essay Example | Topics and Well Written Essays - 750 words

Individual Rights - Essay ExampleOne of those such rights would be the Miranda rights.In defining them, Also known as the Miranda loom or Miranda Warning, when you are arrested in the U.S.A., police officers must warn you that you have the right to remain silent, that anything you say could be used against you in a philander of law, that you have a right to contact a lawyer and that if you cannot afford a lawyer, that one(a) will be provided before any questioning if so desired, Adding that, Failure to issue the Miranda warning renders evidence so obtained to not be admissible in the court. The warning became a national requirement when ordered by the U.S. Supreme Court in the 1966 case Miranda v. Arizona and that is how it got the name, (LawInfo.com, p.1). In the respect of this definition, the case involving Jane Smith would fall into direct violation in regards to the merits and meaning base Miranda Rights. As the rights clearly state, a person has to be given the opportunity to posses legal counsel at the time of arrest and to have on one present during legal questioning.Another pertinent issue towards the legality of the case against a person in Jane Smiths position is the lack of parental accede towards the question of their child who would have been a minor at the time. As common law states, when someone is a minor, they are to be approached with the knowledge and presence of their parents to consent to such approach. As the alleged perpetrator of the crime in question was a minor at the time, they would still be protected by the laws for interrogating bush league despite whether or not the deciding authority wishes to charge the alleged as an adult. As there had been no written transferring of guardianship, the Uncle of Jane Smith would have no legal authority in regards to determining how, or even if his niece was to be questioned by the police.With the creation of laws, there is often times events and people that come as a way of facilitating s uch laws needing to be in place. In the case of the events leading up to case that which lead to the creation of the Miranda Rights lawA abduct and sexual assault occurred in Phoenix, Arizona, in March 1963.On March 13 Ernesto Miranda, 23, was arrested in his home, taken to the policestation, identified by the victim, and taken into the test room. Mirandawas not told of his rights to counsel prior to questioning. Two hours later, investigatorsemerged from the room with a written confession signed by Miranda. It included a typed disclaimer, also signed by Miranda, stating that he had full knowledge of my legal rights, understanding any statement I make may be used against me, and thathe had knowingly waived those rights (Miranda v. Arizona, p.1). much(prenominal) case practices that would later become illegal with the creation of the Miranda rights at the conclusion of the trial of Ernesto Miranda. Years since, the issue of delivering Miranda rights to persons in custody has become a primal issue to the implementation of the American Judicial system in the way in which it was intended. For reasons of prosecuting crimes, the information gathered from alleged perpetrators is placed under great examen as it comes to the methods for which they were gathered in the first place. Such attention paid in that, if collected even with the slightest bit of a hint that something had

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