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What would society look like if Eric Cartman was a police officer. As you watch the clip, observe how Cartman is using his authority as a police officer. Clip of Cartman. Take out “Did Cartman Violate Due Process?”. 1) Landmark Case: “ Miranda vs. Arizona”.
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What would society look like if Eric Cartman was a police officer
As you watch the clip, observe how Cartman is using his authority as a police officer Clip of Cartman
Ernesto Miranda was a poor Mexicanimmigrant who lived in Arizona in 1963. He was arrested after a woman identified him in a police lineup. 2) Landmark Case:“Miranda vs. Arizona”
Miranda was charged with rape and kidnapping Police asked him questions about the crime for two hours. 3) Landmark Case:“Miranda vs. Arizona”
In the United States, people who are accused of crimes have certain constitutional rights 5th Amendment- says they have the right to be silent 6th Amendment- says they have the right to a lawyer to help defend themselves 4)Landmark Case:“Miranda vs. Arizona”
5) Landmark Case:“Miranda vs. Arizona” • The police did not tell Miranda that he had these rights when they arrested him. • After the police were finished asking Miranda questions, he signed a confession, which also stated that he acknowledged his rights.
The police used his confession in the trial and Miranda was convicted of the crime. The judge decided he should serve 20 to 30 years in prison for each crime. 6) Landmark Case:“Miranda vs. Arizona”
7) Landmark Case:“Miranda vs. Arizona” • Miranda appealed his case to the highest court in Arizona. • His attorney argued the confession should not have been used as evidence because; • Miranda had not been informed of his rights, • and no attorney had been present to assist him during his interrogation.
The Arizona Supreme Court denied his appeal and upheld Miranda's conviction. The Supreme Court of the United States agreed to hear Miranda's case. The decision in Miranda v. Arizona was handed down in 1966. 8) Landmark Case:“Miranda vs. Arizona”
Supreme Court said: Miranda was NOT read his rights by the officers No attorney (lawyer) was present while he was being interrogated (questioned) by police because Miranda was never told he had the right to a lawyer 9) Supreme Court rules in favor of Miranda; his conviction is overturned
Police officers have to read Miranda rights out loud to anyone being arrested and/or interrogated (questioned by police) 10. Miranda vs. Arizona ruling led to Miranda Rights
Miranda Rights Next Class (introduced tomorrow) 11)Due Process5th Amendment
YOU DIDN’T REMAIN SILENT...NOW WHAT? Benny was arrested by New York Police and charged with the armed robbery of a taxicab driver. While he was in jail waiting for his trial, a New York undercover officer was placed in Benny’s cell. Before the officer asked any questions, Benny said that he had robbed the cab driver. Benny’s statement was used against him at trial, despite his objection that he was not read his Miranda Rights, in violation of the Fifth Amendment. Should a judge allow this confession in court?