CJ-207 Assignment 6-2 Template(2)
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CJ-207 Assign
ment 6-2 Template: Landmark Cases
Complete the following template by replacing the bracketed text with your responses
Case Name:
Summary: Miranda vs. Arizona In the case of Miranda vs Arizona, Ernesto Miranda was arrested for an alleged rape, robbery, and kidnapping. When Ernesto was being interrogated by the police, he confessed to his crime. During the trial, the only piece of evidence that he was held against was his confession. During the interview, he argued that he was not told or given his constitutional rights at the time. So, with the argument the courts proceeded to take this trial all the way to the supreme Court. Supreme Court ruled that an individual must be told their rights and should have immediate access to an attorney.
Impact of the case: This case alone impacts many people every day. The ruling was put into place and declared that any individual that is being arrested must be told their constitutional rights. The fifth amendment states the right against self-incrimination. "Before suspects in police custody can be questioned, they must be informed that they have the right to remain silent, that anything they say may be used against them, that they have the right to have a lawyer present, as well as the right to have a lawyer appointed to defend them if they cannot afford a lawyer." (Mauro, 1966) Thus, the landmark name "Miranda Rights" are your constitutional rights that Law Enforcement will read to you. So, upon arrest, police will let you know that they have to Miranda you. The reasoning for Miranda Rights is for those that need to know in order to not self-incriminate them. Those that have not been read their Miranda rights and were arrested upon a crime that may have been broken, means their confession has been unconstitutional and will not be able to be used in a court of law. This is policy and procedure for law enforcement agencies across the country. Every arrest must include Miranda rights to be constitutional to the arrest.
Case Name:
Summary: The case of New Jersey vs T.L.O. started in March of 1980, where two females were caught smoking in the bathroom at Piscataway High School. The principal had found evidence of cigarettes, rolling papers, and their intent to sell marijuana, one of the females admitted to smoking but the other female had denied the allegations even though the principle found evidence. Charges of Delinquency were made against her and she was taken out of school for over a week. "In juvenile court T.L.O.'s lawyers claimed the search of her purse violated the Fourth Amendment, which bars unreasonable searches and seizures." (Mauro, 2006) Though, the judge disagreed and sentenced the female to a years’ probation. Supreme court became involved and was in favor of the student. Basically, claimed the search was not reasonable; violating her fourth amendment rights. Impact of the case:
The impact of this case: "The T.L.O. decision has become a powerful tool for school administrators who argue for a greater level of surveillance and discipline in schools, especially after several incidents
of school shootings by students." (Mauro, 2006) It was known that the school’s ability to search a student’s bag was unconstitutional because it was on school grounds and only had suspicion of illegal substances. "The warrant requirement, in particular, is unsuited to the school environment: requiring a teacher to obtain a warrant before searching a child suspected of an infraction of school rules (or of the criminal law) would unduly interfere with the maintenance of the swift and informal disciplinary procedures needed in the schools." (Mauro, 2006) The conclusion of this case was that the search through T.L.O’s belongings was reasonable and constitutional.
References
Miranda v. Arizona. Crime Museum. (2021, June 14). https://www.crimemuseum.org/crime-library/criminal-law/miranda-v-arizona/
New Jersey v. Tlo case summary - findlaw. (n.d.-b). https://supreme.findlaw.com/supreme-court-
insights/new-jersey-v--tlo-case-summary.html
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