Custom Criminal Procedure essay writing
In 3-4 pages, analyze the following information, comments, and questions.
In U.S. v. Dickerson (2000), the U.S. Supreme Court held that Miranda was required by the Constitution and was not a court-made rule that could be overruled by Congress. The Fourth Circuit held otherwise. Which institution?the U.S. Supreme Court or the U.S. Congress?can most safely be entrusted with protecting citizens against abuses of government power? Since Miranda has been applied against the states for almost forty years since its inception, how can it be credibly be argued that it is just a rule for federal courts? This was a significant victory for the rights of suspects, but also a victory of the U.S. Supreme Court over Congress. Given the court?s role in deciding the contested 2000 U.S. presidential election and its ability to rule authoritatively on some of society?s most contentious issues, (e.g., abortion, school desegregation, affirmative action), is the U.S. Supreme Court now the most powerful branch of government? If so, is this a good thing?
Does the decision made by the Supreme Court in Dickerson have implications for the federal exclusionary rule? If Miranda is a command of the Constitution and cannot be overruled by Congress isn?t the exclusionary rule a rule of the Constitution? The current U.S. Supreme Court position is that the exclusionary rule is a court-made rule and not a command of the Constitution. Can that logic survive Dickerson? Why or why not?
Criminal Procedure Essay - 619 Words | Majortests
Summarize your working definition of ethics.
Define ethics within criminal justice.
Compare ethics in law vs. real life.
Examine the need for equal treatment of all people in the criminal justice system.
Identify the major safeguards provided by criminal procedure.
Use at least two scholarly sources in addition to this week’s readings to support your findings.
Students will write an essay comparing and contrasting the approaches to criminal procedure by the U.S. Supreme Court under both Chief Justices Earl Warren and William Rehnquist. The essay should focus on their significant decisions and the effects they had on the balance between social order maintenance and individual liberties. The essay should address the effects of the Supreme Court’s decisions on law enforcement in the United States. Discuss the Supreme Court’s current approach to balancing civil liberties against public order maintenance.
The essay must include:
A cover page
6 to 8 typewritten double spaced pages of text (i.e. about 1,500 to 2,000 words)
A reference page containing a minimum of six (6) course-external court sources
If you use internet sites be discriminating. Wikipedia, for instance ,is not an appropriate site since it is self corrected by its’ users and the information may be faulty.
The essay must be written in APA or MLA style
Criminal Procedure Policy Paper Essay Example for Free
Deft has made a variety of claims via pretrial motions, each based on some provision of the United States Constitution. The Fourth, Fifth, and Sixth Amendments taken together provide a basic guide to appropriate (and constitutional) procedures to be followed by police when dealing with suspects and evidence in criminal cases. Each of the constitutional guarantees will be discussed below in connection with Deft’s specific claims.
Free Criminal Procedure Essay Sample
The privilege against self-incrimination has been the subject of a great deal of the Supreme Court’s criminal procedure jurisprudence. Most notably, the requirement that certain warnings be given to a suspect before being interrogated has been read into the Fifth Amendment. Miranda warnings must be given immediately after a suspect is arrested. These warnings include telling the suspect that he has a right to remain silent, that anything he says can and will be held against him in court of law, that he has the right to the assistance of counsel during questioning, and that if he cannot afford a lawyer one will be appointed for him.
14.08.2017 · Read this essay on Criminal Procedure
As a matter of criminal procedure, statements taken in violation of Miranda may be used to impeach a defendant’s testimony at trial. Although this would seem to fly in the face of the elaborate rubric established for protecting defendants against having coerced or unreliable confessions used against them, the Supreme Court has held that statements taken in violation of Miranda, provided they are otherwise voluntary, are admissible to impeach. This exception has been justified by the explanation that Miranda itself is not a constitutional right, but rather just a prophylactic rule designed to protect a constitutional right. As such, it is not entitled to the same deference as a real constitutional right and may be admitted for some purposes.