Salinas V. Texas Case Study

First evolving from the fathering of the earliest form of the English law enforcement practices, the fifth amendment brought a verity of protection to every citizen of the united states. An important exception was added in the mid to late 80’s with the Miranda court case, when the U.S. Supreme Court found it that if public safety is at immediate risk, a suspect's statements are admissible in court, even if his or her Miranda rights have not been explained. (Erastus-Obilo, Bethel. Everything You Need to Know About Miranda Rights and Warning. Newmarket, Ont., BrainMass, 2012.) Before one can discuss the fifth amendment in further depth one must

Ernesto Miranda was arrested for a violent crime in Phoenix, Arizona and was taken to a police station for questioning. Officers put him into a room, where they questioned him for many hours. They came out with a confession Miranda had signed. The confession form included a paragraph saying the confession had been made voluntarily. The typed paragraph said Miranda had signed the confession “with full knowledge of my legal rights, understanding any statement I make may be used against me.” Miranda’s confession was used against him in court, and he was convicted.5th Amendment says that a person involved in a criminal case cannot be forced to be a witness against himself. In other words, only statements that are

The Supreme Court case Miranda v. Arizona in 1966 affected the rights of the accused and the responsibilities of law enforcement. Miranda v. Arizona is known as the “right to remain silent” case. “I must tell you first you have the right to remain silent. If you choose not to remain silent, anything you say or write can and will be used as evidence against you in court. You have the right to consult a lawyer before any questioning, and you have the right to have the lawyer present with you during any questioning. You not only have the right to consult with a lawyer before any questioning, but if you lack the financial ability to retain a lawyer, a lawyer will be appointed to represent you before any questioning, and to be present with you

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

As we get to understand the Sixth Amendment and the impact it has on individuals who are subject to interrogation and their own confessions to a crime, we have to wonder why it is so important for us to understand our rights. There are a few ways that our verbal statements could be used against us once we are placed into an interrogation room and questioned, but why do we put so much emphasis on the important of these types of statements? Before we can explain how the sixth amendments can impact interrogations’ and confessions we first have to understand that before the Sixth Amendment can come in to play, the Fifth Amendment is the one that setup the Sixth Amendment to be addressed,

In the fifth amendment it states, “no person shall be... compelled in any criminal case to

The Supreme Court founded their decision on the Fifth Amendment rather than the Sixth Amendment due to the intimidating nature of the custodial interrogation by law enforcement. No admission could be permissible under the Fifth Amendment’s self-incrimination clause and Sixth Amendment right to an attorney unless a suspect had been made aware of his rights and the suspect had relinquished their rights. The person in custody must, prior to being questioned be clearly informed of their right to remain silent and that whatever they say will be held against them in court. They must be informed that they have the right to consult with an attorney and that

Under Texas law, does a third party possessor with an unrecorded deed to the property, in the absence of bad faith or inadequate consideration, have a superior claim to a property than a subsequent purchaser if circumstances suggest that the subsequent purchaser should have had constructive notice of his presence on the property?

The majority opinion in this case was for Miranda, the majority opinion was wrote by Chief Justice Earl Warren. The Majority said that Miranda’s confession could not be used in court because the police had not informed Miranda of his rights to a attorney, and against self-incrimination, which are rights guaranteed to citizens of the United States by the fifth, and sixth amendments to the United States Constitution. The fifth amendment says that suspects of crimes have to be informed of their rights during an arrest including the right to remain silent. The sixth amendment says that people have to be informed of right to a fair hearing after the arrest. (Miranda v. Arizona www.kid.laws.com)

Ernesto Miranda kidnapped and assaulted a woman. Some time passed and he decided to confess to the police himself. When he did that they lead him to the state court right away. Marinda was proven guilty by the state court through his confession. Miranda claimed that his confession should not be used due to the fact that the policemen didn’t warn him about the Fifth Amendment.

This case brief was written in regards to Miranda v. Arizona, in which The Supreme Court of the United States considered the facts of four separate cases, all of which involved incriminating evidence obtained during official police interrogations. In all four cases Government officials did not advise the individuals, who were under custodial detention, of their Fifth Amendment constitutional rights. Individuals who are being questioned under a custodial police interrogation are protected from self-incrimination under the Fifth Amendment .The Fifth Amendment to the United States Constitution states "No person shall be held to answer for a capital, or otherwise infamous crime, unless on a presentment or indictment of a grand jury, except in cases

In the 2003, the Supreme Court ruled that that state laws banning gay person homosexuality are illegal as an infringement of the privilege to protection. The case of Lawrence v. Texas was a clear takeoff from the Court's conservative procedure in the 1980s and 1990s, which discovered proof of central rights just in exercises the laws themselves considerably ensured ("history and conventions"). Houston police were dispatched to Lawrence's (defendant in the case) home because of a reported weapons aggravation. The officers discovered Lawrence and Garner (defendant) whom at the time was having sex. Lawrence and Garner were charged, indicted, and convicted under Texas law of "deviate sexual intercourse, specifically anal sex, with an individual

These mandatory "Miranda Rights" begin with "the right to remain silent," and continue with the statement that "anything said can and will be used against [the defendant] in a court of law." The police are further compelled to inform the suspect of his or her right to an attorney and allow for (if necessary, provide for) a defendant's attorney who can accompany him or her during interrogations. (pbs.org).

The fifth amendment protects against self-incrimination, where you do not have to say anything in a court of law that may implicate your guilt. A person may not understand

"The Fifth Amendment provides the right against self-incrimination" (Jones). This is what happens when people "plead the fifth" which in turn gives them the right to not say if they are guilty or not.