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Feb 20, 2024

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1 The impact of Miranda Carlos Bellido Florida International University CJL4064: Criminal Justice and the Constitution Dr. Jamie L. Flexon April 03, 2023

2 Introductory Paragraph The impact of Miranda has allowed suspects that have been restrained or are in law enforcement possession to not be taken precedence from law enforcement police officers due to the fifth amendment right to protect those that are accused against the inadvertent or intended initiative of providing knowledge that could connect yourself to the collusion of the crime entirely and to an attorney if needed. The Miranda warning came to fruition due to the occurrence of a 1966 Supreme Court trial of Miranda v. Arizona, in which the suspect Ernesto Miranda admitted to the crimes while in police custody but, Miranda’s defense attorney plead his recipient sentence of committing forcible intercourse and theft. Some effects due to the impact of Miranda rights are in law enforcement situations. Therefore, cause of the procedures taken not granting Miranda’s fifth amendment rights the conviction would be overturned by the Supreme Court ruling that before police begin questioning detained suspects should be instructed of their constitutional rights. Henceforth, at the second trial Miranda’s confession was not used as evidence and he was convicted again to being sentenced to 20 to 30 years in prison. Annotated Bibliography Kavanaugh, A., Pietruszka, V., Rynczak, D., & Blanding, D. (2023). Taking the next step in Miranda evaluations: Considering racial trauma and the impact of prior police contact. Law and Human Behavior, 47(1), 249. https://psycnet.apa.org/fulltext/2023-54964-017.html In this article, we are going into detail of the procedures taken when a defendant is using their Miranda rights especially, due to the current state in society where law enforcement police are abusing their power and authority to make arrests influenced from racial bias and their derivative effects of police contiguity playing a responsibility in colorism situated completely on the race and features of the suspect encountering these occurrences in their daily lives from

3 confrontations with police which ultimately could make them feel as a threat and unprotected because of their skin color leading to an disproportionate amount of colored inmates amongst prison populations. Racial trauma disparities amongst how law enforcement police conduct arrests alter discrimination discernments being useful to address accordingly to illustrate the topic of the current and future impact of Miranda rights being influenced in how beneficial it could be used actively to push how law enforcement administrate laws fairly beyond all races in current racial tensions and ending false narratives being characterized about colored people in the media to our society today leading to many black individuals feeling convinced that law enforcement police consider all colored people as suspects to a crime they could have been connected to or involved in. Moreover, these ongoing common situations is what setbacks colored individuals and neighborhoods of black individuals due to the ingrained racism from media stereotypes and inequity against black people from law enforcement police officers. The strengths of the article I have used is that the issues I am emphasizing are up to date with the systemic racial problems and balance of inequality amongst colored individuals from law enforcement officials today which, I can clarify from my point of view to emphasize for an explanation of the problems amid law enforcement and how I believe the initiation of Miranda rights in 1966 could help benefit or impact the law enforcement unequal and racial views of black people presently from the procedures taken when a defendant are using their Miranda rights. On the contrary, the negatives of the article I am using is that opposition could say that I am speaking my beliefs from someone that is not a colored individual nor has never experienced the problem that had occurred to someone that has when through the situation itself during a first-hand occurrence.

4 Kavanaugh, A., Pietruszka, V., Rynczak, D., & Blanding, D. (2023). Taking the next step in Miranda evaluations: Considering racial trauma and the impact of prior police contact. Law and Human Behavior, 47(1), 249. https://psycnet.apa.org/fulltext/2023-54964-017.html Kavanaugh et al. specifies the importance of using the totality of circumstances analysis when applied by the judge of the trial that can only be occupied when a defendant or suspect uses their Miranda rights which, ultimately the judge would conclude if the defendant legally used their Miranda rights for the right purpose to not self-incriminate themselves and accessibility to an attorney if needed. The purpose for these totality of circumstances evaluations is used mainly for the initiative of the notion that direct previous police contacts should be taken more importantly when undergoing Miranda assessment especially, when colored individuals are largely innocent when convicted of a crime and are arrested for absolutely nothing at all to prove without any evidence due to the law enforcement organization’s position to advocate the eternalization of racism and failing to meet expectations to object racial discrimination. This article is beneficial in completely addressing the topic of how Miranda rights impact how the totality of circumstance analysis can be commenced to take more importance and change the landscape in the number of reported unnecessary direct police contacts amongst colored individuals to diminish significantly because of the totality of circumstances evaluations. Additionally, the use of the Miranda rights analysis is being instilled to focus on the issue to challenge law enforcement’s police racial judgement and motives against colored people to make arrests or create confrontations. Notably, the positives of the chosen article are that it explained the justification for the effort to combat racial discrimination and decreasing the number of unnecessary encounters of black individuals with police using the Miranda rights assessment to support my claim in how

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