Monday, February 24, 2020

Miranda Warning, How it changed Police Interrogation Term Paper

Miranda Warning, How it changed Police Interrogation - Term Paper Example The first major change in police interrogation - that is, from following the voluntariness test - occurred in state law. In 1966 the United States Supreme Court decided the case of Miranda. The Miranda decision has been the mirror for modern application of the Fifth Amendment’s privilege against compulsory self-incrimination in both federal and state criminal cases. Ernesto Miranda was convicted on charges of rape and kidnapping after providing police with a signed confession. Miranda's questioning by police lasted 2 hours and was conducted in an interrogation room without the aid of a lawyer. The three other defendants charged with the crimes experienced similar interrogation situations (Miranda v. Arizona, 1966; see Vignera v. New York; California v. Stewart; and Westover v. U.S., as cited in Oberlander & Goldstein, 2001). The Miranda Court, led by Chief Justice Earl Warren, believed a suspect automatically confronted a "compulsory" situation ("inherent pressure") when place d in a police interrogation environment. The Supreme Court believed there had been widespread abuse throughout the nation by law enforcement personnel, and thereby, †¦ concluded that without proper safeguards for the process of in- ­custody interrogation of persons suspected or accused of crime †¦ [the] inherently compelling pressures will work to undermine the individual's will to resist and [will] compel him to speak where he would not otherwise do so freely (Dunham , 2008: p. 540). Essentially, the Miranda decision established a new approach to the admissibility of suspects' confessions by rejecting a judicial case-by-case determination of whether a confession was voluntarily given. The Court ruled that... The Miranda decision established a new approach to the admissibility of suspects' confessions by rejecting a judicial case-by-case determination of whether a confession was voluntarily given. The Court ruled that any statement resulting from the interrogation of a suspect would be presumed involuntary and thus, inadmissible unless the police first provided the suspect with four warnings. Widely known as the Miranda warnings, these standards first state that the suspect has the right to remain silent. Second, any statements made by the suspect can be used as evidence against him or her. Third, the suspect has the right to the presence of an attorney during questioning. Finally, an attorney will be appointed if the suspect cannot afford counsel. In addition, the court determined that an individual may waive these Miranda rights if the waiver is "knowing, voluntary, and intelligent." Soon after the Miranda decision, police departments developed and instituted Miranda warning statements, the majority of which were patterned after the Court's suggested warnings provided in an appendix to the Miranda decision. These warnings were added to enhance the existing test for admissibility of a confession - the due process voluntariness test.

Saturday, February 8, 2020

The influence of technology or media Essay Example | Topics and Well Written Essays - 1000 words

The influence of technology or media - Essay Example I have seen people doing their best to make sure that they have remained one step ahead of the technological advancements and adopted them so that they can be deemed as socially acceptable. This is the basis of my understanding as far as technology and its different tools are concerned in this day and age. This paper takes a keen look at some of the similar subjects and aspects related with technology, and highlighted where my domains have been strengthened over the years. I have seen technology to have grown by leaps and bounds in the recent past since it has touched chords with how people have incorporated it within their lives. I have seen technology to have made its mark even within the most conventional of systems. It has made me feel at ease with how revolution has come in and allowed me to comprehend the nuances of life and science in particular. I have seen my family members and friends learning quite a few new aspects related with technology. I have witnessed them being interested in the technological advancements and taking keen enthusiasm under the aegis of new gadgets, features and tools. I opine that this is an advancement of sorts which has come out as a progression in these times. I have noticed that people feel strongly about technology and are generally unhappy if they miss out on any new technological innovation that comes to the fore. Similarly, the teenagers have the most pivotal connection with technology because they are always r elated with new gadgets and tools, and are on the lookout for changes, advancements and updates as and when these arrive. This is the reason why success has been related with technology for just about everyone. Some of the stories that I can tell regarding the usage of technology have basically been limited to my exposures. The role of technology has also been apparent within the social networks like Facebook, Twitter, MySpace, different