What issues can arise with presentation of miranda rights

Assignment Help Business Law and Ethics

Reference no: EM133584968

Assignment:

1. The right against self-incrimination, under the Fifth Amendment, states that no criminal defendant shall be compelled to take the witness stand and give evidence against himself or herself. Once a suspect is arrested, the Miranda warning must be given before he or she is interrogated for any offense, be it a felony or a misdemeanor. What issues can arise with the presentation of Miranda rights? Why do you think these issues can occur? How can we combat these issues?

2. The police may search incident to lawful arrest and do not need a search warrant for items that are seen in plain view or when citizens give police consent. The police must, however, obtain a search warrant to search a suspect's cell phone or conduct a blood test. If you had to explain the reasoning for this, how would you go about it? (aka, why do we need a warrant for cell phone or blood tests, but not plain view stuff?) In addition, how does this apply to a breathalyzer test? Should you need a warrant to issue one? Why or why not?

3. Police officers must obtain a warrant when making a felony arrest, unless exigent circumstances are present (immediate action being required) and the officer possesses probable cause to make the arrest. Define exigent circumstances, and probable cause. What is the difference between probable cause and reasonable suspicion? Overall, what are your opinions on how these terms are defined? Should they be changed, altered, etc?

Reference no: EM133584968

Questions Cloud

Discuss a current event involving a juvenile offender : How the use of language and images are used, by the media, to portrait juvenile offenders and build on an existing narrative/discourse of juvenile offending.

How expert testimony on faulty forensic evidence : Relying on Aladdin et Al. (2013) and Dror (2020), identify and elaborate on how bias, including confirmations bias, can influence experts.

What is a treatise designed to provide : What is a treatise designed to provide, what are the features of most treatises, and when do you use a treatise as a research tool?

How does sutherlands theory effect to conflict in society : How does Sutherland's theory effect and relate to conflict in society?

What issues can arise with presentation of miranda rights : What issues can arise with the presentation of Miranda rights? Why do you think these issues can occur? How can we combat these issues?

What do you think of day reporting centers : What do you think of Day Reporting Centers? Do you think they are more suitable for first-time and/or "low-level" offenders?

How does the media build trust with the public : How does the media build trust with the public when providing timely and accurate information during disasters and non disaster situations?

Summarize religious terrorism : Summarize religious terrorism according to the textbook, and distinguish between primary and secondary motives for religious terrorism.

What is the free standing due process doctrine : What is the free standing due process doctrine? Also explain how the selective incorporation doctrine and the free standing due process doctoring are different?

User Account

All Pages