Miranda Rights The Fifth Amendment of the US Constitution protects people against self-incrimination. In the case Miranda v. Arizona, 384 U.S. 436, admissions had been given without knowing the rights. This proved out to be a landmark case, and the birth of what we now call the ‘Miranda Rights’. Miranda v. Arizona, 384 U.S. 436 was the so-called “birth” of the Miranda Rights and the Miranda warning. The reason for the birthing of the Miranda Rights and the Miranda warning is because Ernesto Miranda
The above are reported instances of police misconduct, police corruption, or police brutality on July 24, 25 and 26, 2012. There is no one specific definition of police misconduct, police corruption, or police brutality, but it is generally the abuse of police authority; the violation of the law or of an individual’s rights by the police. Probably the most wide ranging category is considered police misconduct. It refers to law enforcement officers who break the criminal laws or encroach on a
The Exclusionary Rule By definition the Exclusionary Rule states that evidence obtained by the government in violation of the Fourth Amendment guarantee against unreasonable search and seizure is not admissible in criminal prosecution to prove guilt (Carmen, 1995). The Fourth Amendment declares a citizens right to be free from unreasonable searches and seizures. The Exclusionary Rule is a court-created remedy and deterrent, not an independent constitutional right. The Exclusionary rule was designed