This website uses cookies to ensure you have the best experience. Learn more

Due Process And Crime Control Essay

2336 words - 10 pages

The Warren Court left an unprecedented legacy of judicial activism in the area of civil rights law as well as in the area of civil liberties—specifically, the rights of the accused as addressed in Amendments 4 through 8. In the period from 1961 to 1969, the Warren Court examined almost every aspect of the criminal justice system in the United States, using the 14th Amendment to extend constitutional protections to all courts in every State. This process became known as the “nationalization” of the Bill of Rights. During those years, cases concerning the right to legal counsel, confessions, searches, and the treatment of juvenile criminals all appeared on the Court's docket.
The Warren ...view middle of the document...

Constitutional guarantees of due process for the accused had to be upheld.
The Court heard a number of similar cases at the same time that it heard Miranda. The Miranda decision distilled the several “fundamental fairness” standards into one succinct statement of the due process rights of the accused.
A kidnapping and sexual assault occurred in Phoenix, Arizona, in March 1963. On March 13 Ernesto Miranda, 23, was arrested in his home, taken to the police station, identified by the victim, and taken into an interrogation room. Miranda was not told of his rights to counsel prior to questioning. Two hours later, investigators emerged from the room with a written confession signed by Miranda. It included a typed disclaimer, also signed by Miranda, stating that he had “full knowledge of my legal rights, understanding any statement I make may be used against me,” and that he had knowingly waived those rights.
Two weeks later at a preliminary hearing, Miranda again was denied counsel. At his trial he did have a lawyer, whose objections to the use of Miranda's signed confession as evidence were overruled. Miranda was convicted of kidnapping and rape, and received a 20-year sentence.
Was a confession an admissible document in a court of law if it was obtained without warnings against self-incrimination and without legal counsel—rights guaranteed to all persons by the 5th and 6th amendments? With whom does the burden of proof rest for determining whether a defendant has legally “waived” his or her rights? What is the standard for judging whether “voluntary confessions” should be deemed admissible? When should an attorney be appointed for a person if he or she cannot afford one?
The police clearly violated Miranda's 5th Amendment right to remain silent, and his 6th Amendment right to legal counsel. Arizona ignored both the Escobedo rule and the Gideon rule in prosecuting Miranda. His confession was illegally obtained and should be thrown out. His conviction was faulty, and he deserved a new trial.
Ernesto Miranda was no stranger to police procedures. He negotiated with police officers with intelligence and understanding. He signed the confession willingly. The prosecution was proper, his conviction was based on Arizona law, and his imprisonment was just. The Supreme Court should uphold his conviction and should not further cripple the work of police.
By a 5-4 margin, the Court voted to overturn Miranda's conviction. Chief Justice Warren declared that the burden is upon the State to demonstrate that “procedural safeguards effective to secure the privilege against self-incrimination” are followed. The current practice of 'incommunicado' interrogation is that the individual may not be compelled to incriminate himself.
Warren then summarized the case, measuring it against the “fundamental fairness” standards the Court had established. “It is clear,” he wrote, “that Miranda was not in any way apprised of his right to consult with an attorney and to...

Other assignments on Due Process And Crime Control

Criminology In The Criminal Justice System

791 words - 4 pages crime” (p. 6). Tim Newbum (2007) describes criminology as the study of crime, those who commit crime, and the study of the criminal justice and penal systems (p.6). The belief central to foundation of classical criminology is that individuals who commit crime participate in a process of decision-making when deciding how to commit crime (Williams & McShane, 2010). This view is based on the assumptions that individuals have the right to free

And The Fraud Continues Essay

1723 words - 7 pages carrier business segment. This is an organized crime and to a greater extent, a white collar crime, comprised of respected, business and professional men. These executive level individuals worked in concert (collusively) to override the system of internal controls through the sophisticated use of journal entries, other financial reporting choices and through material and unusual transactions. Due to the unique nature of this type of fraud, large

Classism And Criminal Justice

4368 words - 18 pages proponents of the discriminatory acts that exist within the confines of the criminal justice system, it does not begin with these institutionalized methods. The first instances of discrimination, which leads to all of the other forms within the system, are the laws and crime control policies that are implemented that, in some instances, are set up in favor of the rich and in opposition to the poor. In Marxist criminology, one of the fundamental

Crime Scene Report

756 words - 4 pages Analyzing photographs provided I was able to determine several challenges that the investigating team could have faced while processing a crime scene. The crime scene appears very messy, which might cause certain difficulties and danger to process it. In this case the crime scene should be investigated for any hazardous substances and/or explosives to ensure the safety of the investigating personnel. After the crime scene was secured and


718 words - 3 pages justice of large parts of the population in the Islamic world. As we saw, legal proceedings for homicide are based on private rather than state prosecution. The victim’s heirs control the process in the sense that they are party to the trial, that prosecution depends on their wills and that they can agree to an extrajudicial settlement. When Islamic criminal law was reintroduced in the various countries, it did not meet with much opposition. In most

Predictive Policing

1515 words - 7 pages ” [ (Silva, 2012) ]. Technology is used in conjunction with predictive policing to implement different information and operations such as crowd control, police patrol, early detection of repeat offenders, traffic control and management, and even neighborhood watches. Today information technology (IT) is used to optimize the performance of police departments’ and reduce crime however in the past random patrols of the streets was the way that

Criminal Justice System

872 words - 4 pages to the ones that are the victims as well as the families of those individuals. The definition of crime to some may mean one thing and to others may mean something else. While researching and reading about the criminal justice process there was a true explanation of the word crime. According to the legal law library a crime is a wrongdoing classified by the state or Congress as a felony or misdemeanor. A crime is also an offense of the

Mr. Powell

396 words - 2 pages reversed because the Connecticut’s Megan’s Law violates the Due Process Clause of the Fourteenth Amendment. Without notice to be heard the law deprives John Doe of liberty by hurting his reputation based on a crime committed in the pass not proving he is currently dangerous. Dissent: Justice Scalia, concurring saying Connecticut’s sex offender law states all sex offenders are liberty risk and the liberty interest in question implicate due process by

Victimization In The Criminal Justice System

1204 words - 5 pages community and serves as a deterrent to the offender from committing further damages. This should also become a standard in victims’ rights and advocacy. Conclusion While sentencing ultimately varies due to the crime, there is always a victim. This victimization creates special considerations from all parties involved in the pursuit of justice within the criminal court system. By keeping victimization in mind, including revising victim’s rights

Crime And Deviance

973 words - 4 pages Deviance The study of deviance is the basis for criminology in sociology—the study of crime and its effects on society. nDeviance refers to the socially disapproved violations of important norms and expectations of a society. nWho is deviant differs from one culture to another. nStigma is the mark of deviance (the Scarlet Letter). n 5/17/2002 1 Social control n n Social controls are sanctions which try to keep people from deviance

Capital Puneshment

258 words - 2 pages criminals. “The death penalty diverts resources from genuine crime control measures. Spending money on the death penalty system means: * Reducing the resources available for crime prevention, mental health treatment, education and rehabilitation, meaningful victims' services, and drug treatment programs. * Diverting it from existing components of the criminal justice system, such as prosecutions of drug crimes, domestic violence, and child

Similar Documents

Right Realism Essay

1507 words - 7 pages models and authoritative figures in their lives. They live in a culture of dependency that exists due to over generous welfare state. A dependence on benefits has eroded a work ethic. Research by Wilson (1975) claimed that crime is linked to a breakdown in social order in some communities. Disorder in certain neighbourhoods has bred more crime and deviance as sense of community civility is lost and informal social control along with it

Criminal Procedure Policy Essay

1105 words - 5 pages There are two models to the criminal process: due process and crime control. They serve as the basis for regulation and freedom as it pertains to the application of criminal justice and criminal law. The models are in constant opposition with each other to impose their importance to the system as it pertains to principles in the criminal justice process. Even with the dissimilarity between these two models of criminal law, they both have several

Compare And Contrast Paper

2181 words - 9 pages Compare and Contrast Karen Hovenga CJA/464 August 12, 2013 Ruth Ebner The Due Process and Crime Control Model are an account of two structures absolutely different from one another and are in competition with one another to be a priority in the functioning of the criminal justice process (Neubauer, 2001, p. 12). “The Due Process Model” proceeds from the premise that protecting the rights of the individual is most important, whereas

A Very Special Child Essay

4888 words - 20 pages crime posits that low self-control is a key factor underlying criminality. This newer control theory is often referred to as self-control theory due to its focus on this aspect. Gottfredson and Hirschi integrated aspects of other theories to form the general theory of crime, borrowing notions from routine activities theory, rational choice theory, and other psychological and biologically based social theories of crime. The two theories differ in