Essay On The Dollree Mapp Decision

Sociologist define race as a “socially defined category based on real or percived biological differnces between groups of people”. In the 19th century biologist came up with the three different categories that groups the three human races: Mongoloid, Causasoid and Negroid. They belived that different races where charaterized by biological makeup. But modern sciences have proved that theory to be wrong because there is no such thing as a “pure” race. We are 99.9% genetically idenitcal. Race is just a concept humans made up, it isn’t actually real.

First, Miranda v. Arizona all started on March 2, 1963, when an 18-year-old Phoenix woman told police that she had been kidnapped, taken to a part of desert land in Arizona, and was raped. She was given a polygraph test, but the results were inadequate. While tracking the license plate number, they came upon a vehicle, similar to that of the women’s attacker, linking them to a man named Ernesto Miranda, who was booked for being a peeping tom. When they put a police line-up for the women to pick out Ernesto, she couldn’t identify, but he was still questioned by police. Police began to interrogate Mr. Miranda and never read him his rights, before interrogation. The interrogation lasted two- hours, in which Miranda supposedly admitted to committing the crimes, and the police had an audio recording of the entire interview. Ernesto had never finished ninth grade and had a history of mental uncertainty.

The Miranda v Arizona case was combined with three other similar cases. When the Supreme Court handed down the decision 5-4 in Miranda's favor, the resulting rights afforded to those being questioned or detained by police became popularly known as Miranda Rights. Miranda Rights must include the following as described by Supreme Court Chief Justice Earl Warren:

In 1966 , Ernesto Miranda was arrested and charged with rape, kidnapping , and robbery. The problem was that Miranda was not informed of his rights before the police interrogation and while the two hour interrogation, Miranda confessed to committing the crimes which police recorded without Mirandas Knowledge. McBride, Alex. "Miranda v. Arizona (1966)." PBS. PBS, Dec. 2006. Web. 24 Oct. 2014.. Miranda who did not even finish the 9th grade and also is known to have a history of being mentally unstable, who did not have any counsel by his side during the interrogation. In court at his trial the prosecution’s case was focused mainly of his confession and thats about it, no matter what in

Races are separated into categories, some are of higher standings then others, and some are believed to be better than others. The idea of race is believed to be something that has been made up by our culture in order to help separate people and to be able to separate them from others. This is done

In 1965, the Supreme Court of the United States agreed to hear Miranda 's case. At the same time, the Court agreed to hear three similar cases. The Court combined all the cases into one case. Since Miranda was listed first among the four cases considered by the Court, the decision came to be known by that name. The decision in Miranda v. Arizona was handed down in 1966. (Supreme

Miranda v. Arizona was a case where Ernesto Miranda was accused of raping a women. At the time of his arrest he did not know his rights and that he had the right to remain silent and get a lawyer. He confessed orally and in a written form, but he never knew his

In 1963, Ernesto Miranda was accused and arrested on the charges of kidnapping and rape of a woman in Phoenix, Arizona. Miranda was then taken to an interrogation room where he signed a written confession saying he did the crime after two hours of questioning. His confession was then admitted as evidence at his trial, and was convicted and sentenced 20-30 years in prison. The case was taken to the Supreme Court as a consolidation of 3 other cases similar to the Miranda v. Arizona case, Westover v. United States, Vignera v. New York, and California v. Stewart. The majority opinion was written by Chief Justice Earl Warren and was joined by Justices Black, Douglas, Brennan, and Fortas. The dissenting opinion was written Justice Harlan and was joined by Justices Stewart and White. Harlan said it was “poor constitutional law” which would result in “harmful consequences for the country at large.” White asserted it would have “a corrosive effect on the criminal law as an effective device to prevent crime.” Justice Clark wrote a dissenting part opinion. The court case was argued on February 28 and March 1 and 2, 1966 and was decided on June 13, 1966. The case is one that was considered to be as a result of the legal aid movement of the 1960s. The concept of the movement was to provide those accused of crimes with legal support they require on their behalf.

In March of 1963, the Phoenix Police Department brought in an accused to their departments to investigate him. Upon arriving to the police department two detectives interrogated him about the rape of a mildly, handicap young woman and a kidnap. After two hours of interrogating the suspect, Ernesto Miranda, confessed to the crime just after the detectives told him the victim had identified him in a lineup. Ernesto Miranda was found guilty of both crimes and was sentenced to twenty to thirty years in prison. In 1966, three years later, Miranda’s sentence was overturned by the Supreme Court due to the fact that Miranda was not notified about his fifth or sixth amendment. His fifth amendment gave him the right to avoid self-incrimination by

On May 23, 1957, Cleveland police officers attempted to search Dollree Mapp’s house under the assumption that she had in her custody a suspected bomber and illegal gambling items. The police were turned away after Mapp requested that they first acquire a search warrant. Three hours later, the police returned to her home and forcibly raided Mapp’s house without a warrant, and found their search to be futile. Instead of the evidence they expected to find, the officers discovered pornographic materials in Mapp’s possession. To own such salacious pictures and books is an encroachment of Ohio’s state code, so Mapp was arrested and convicted for this violation. Dollree Mapp appealed her case to the Ohio Supreme Court on the basis that it was an intrusion on her rights defined in the Fourth Amendment.

In this case Miranda was not told his rights, and he served as a witness against himself. Also, as soon as he was arrested he should have been read his rights and should have known that he had the right to not speak until he had an attorney with him. Miranda did not know this at the time he was arrested. Miranda’s team appealed his case to the Supreme Court of Arizona, the highest state court in Arizona. The court upheld the lower court's decision, therefore keeping the punishment. About 3 years later, the US Supreme Court read over the Miranda V Arizona case. They had seen the paper that had Miranda's confession written on saying “this confession was made with full knowledge of my legal rights, understanding any statement I make may be used against me.” However, they were certain that Miranda was not told his rights by the

From March 29, 1961, to July 19, 1961, the landmark Supreme Court case, Mapp vs Ohio was heard. The appellant was suspected assailant to a bombing, Dollree Mapp, and the Respondent, the State of Ohio. This case was about an unwarranted search on the appellant’s property and during that search, the police found some disturbing and obscene material. Dollree Mapp appealed her conviction on the basis of freedom of expression. The issue at hand was whether the unlawfully confiscated materials were protected by the First Amendment and if evidence obtained in the search which violates the Fourth Amendment should be admitted in court as evidence. The verdict of Mapp vs Ohio was six to three in favor of Dollree Mapp. After this, the exclusionary rule was put in place, the rules establish that all evidence obtained must be legally

The English term ‘race’ is believed to originate from the Spanish word raza, which means ‘breed’ or ‘stock’ (Race). People use race to define other groups, this separation of groups is based largely on physical features. Features like skin color and hair don’t affect the fundamental biology of human variation (Hotz). Race is truly only skin deep, there are no true biological separations between two ‘racial’ groups. Scientifically speaking, there is more variation between single local groups than there is between two large, global groups; the human variation is constantly altering (Lewontin). The majority of today’s anthropologists agree that race is a form of social categorization, not the separation of groups based on biological

On March 13 1963, Ernesto Miranda was arrested on charges of rape and kidnapping of an 18 year old girl. He was interrogated but was never aware that the details of his interrogation would later be used against him in his court trial. Miranda stated that he was never spoken to concerning his right to silence and council as well as the confession being used against him in his trial. He would end up being sentenced to prison, however in June 1965, his attorneys would send the case to the Supreme Court arguing that Miranda had been violated of his right as stated in the 5th and 6th amendments. The case would lead to chief justice Earl Warren to write the first draft of the Miranda rights.

Race is a social construct that was created by the Europeans in order to minoritize different racial groups. In the reading by Bonilla-Silva, he defines race to be manmade, “This means that notions of racial difference are human creations rather than eternal, essential categories… racial categories have a history and are subject to change.” For example in a lecture by Dr. Aguilar-Hernandez, he stated that the Irish, Italians and Jews were called black before but are now considered white, Mexican-Americans were also considered white up until the 1980s. These ideas lead to the racialization of racial groups.