Thursday, May 16, 2019

Upper Tier Rights

There are many causal agents in the account of musical compositional law that involve the wording of the joined States Constitution. One case that deals with many parts of the constitution is Miranda v genus azimuth. This was a case that the Supreme Court voted on in 1966. This is a case of focal ratio tier reforms, because it deals with the constitutional rights. It mostly deals with the ordinal amendment which is a right to due process and the sixth amendment which is a right to counsel.A suspect, Ernesto Miranda, was arrested on mostly circumstantial evidence for the kidnapping and ravishment of an 18 year gray-headed female. During the interrogation by the police Miranda knowledgeed to the kidnapping and rape of the female. He also signed a composition that said he was giving a voluntary statement to the police and that the police were not forcing him to confess to the crimes which he may or may not hit committed. To most this sounds like the police did an finely job t hey got a apology out of him and there was no signs of abuse by the police.So many would aver what is the problem? Why is this even considered a constitutional law case? How did Miranda v. Arizona turn into a land sign of the zodiac United States Supreme Court case? When this case went to trial Mirandas court appointive attorney found out that the police neer informed Miranda of his Constitutional right to counsel. So in fact by not informing Miranda that he had the right to counsel the police break his 14th Amendment which is the right to due process and his sixth amendment which is a right to counsel.If he would have had counsel bring out in the room he may never have signed that form confessing to the kidnapping and rape of that 18 year old woman. Mirandas court appointed attorney at trial objected to the confession saying that his clients fifth, sixth, and fourteenth amendment rights were violate. The trial judge overruled the objection mainly because the defendant never form bothy asked to have an attorney present or to see or speak with his attorney. So Miranda was convicted of the crime and sent to up to 30 years in prison.Mirandas attorney the appealed the decision all the way up to the Arizona supreme court. The Arizona Supreme Court ruled that they also believed that his rights were not violated because he never asked for an attorney. The Next step Mirandas Attorney took was that he asked the United States Supreme Court to hear the case and they did. Then on June 13th, 1966 then United States Supreme Court ruled that Ernesto Mirandas Constitutional rights had been violated by the police. The vote was close it was a 5-4 vote.Chief Justice Earl Warren along with Justices, Black, Douglass, Brennan, and Fortas thought that Mirandas rights were violated and Justices Clark, Harlan, Stewart, and White thought that the police had acted in the correct manor. This was one of the most historical cases in United States Supreme court history. This basicall y told police that if you did not inform the individual that he has a right to counsel you can not use any confession or information gathered from that. This is considered an f number tier rights case because it not only deals with one amendment but it actually deals with two others.The fifth, sixth and fourteenth amendments all come into play with this case. Police no Mirandize all suspects before talking to them and almost all law enforcement personal actually do it as they are arresting the suspect just to show sure. A suspect has the right to waive Miranda but then can not use it in the court case later on. In conclusion Miranda v Arizona became a land mark case in United States law history because it one had many constitutional rights broken in it that were corrected by the United States Supreme Court.It also actually helped the law enforcement agencies do their job better. It helped stop other suspects from having their rights broken like Ernesto Miranda had his. Like state d earlier this is a prime example of f number tier rights because it not only deals with one constitutional right but trinity and they are three of the most important amendments, the fifth, sixth, and fourteenth amendments.Sources Miranda v. Arizona, U. S. Supreme Court Case Summary & Oral Argument. (n. d. ). The Oyez hold U. S. Supreme Court Oral Argument Recordings, Case Abstracts and More. Retrieved December 10, 2010, from http//www. oyez. org/cases/1960-1969/1965/1965_759 Miranda v. Arizona. (n. d. ). LII Legal Information take at Cornell Law School. Retrieved December 10, 2010, from http//www. law. cornell. edu/supct/html/historics/USSC_CR_0384_0436_ZS. html The Supreme Court . Expanding Civil Rights . Landmark Cases . Miranda v. Arizona (1966) PBS. (n. d. ). PBS Public Broadcasting Service. Retrieved December 10, 2010, from http//www. pbs. org/wnet/supremecourt/rights/landmark_miranda. html

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