Miranda
He confessed to the crimes after a two-hour interrogation without being told of his rights.
“All persons born or naturalized in the United States, and subject to the jurisdiction thereof, are citizens of the United States and of the State wherein they reside. No State shall make or enforce any law which shall abridge the privileges or immunities of citizens of the United States; nor shall any State deprive any person of life, liberty, or property, without due process of law; nor deny to any person within its jurisdiction the equal protection of the laws.”
What is the 14th amendment?
“In all criminal prosecutions, the accused shall enjoy the right to a speedy and public trial, by an impartial jury of the State and district wherein the crime shall have been committed, which district shall have been previously ascertained by law, and to be informed of the nature and cause of the accusation; to be confronted with the witnesses against him; to have compulsory process for obtaining witnesses in his favor, and to have the Assistance of Counsel for his defense.”
What is the Sixth Amendment?
Which amendments did Mapp v. Ohio strengthen? (at least 2)
What are amendments 1, 4, 5, and 14?
Employees from this government agency have reportedly been issued a memmo that instructs agents and officers that they can enter a person’s home to arrest them without a judicial warrant
What is ICE?
What is the fifth amendment?
Protection from self incrimination, cannot deprive someone of "life, liberty, or property" without fair legal procedures.
Gerald Gault was denied the benefits of THIS specific clause under the 14th amendment, which the Supreme Court later decided was a "foundational" requirement for juvenile cases and proceedings.
What is “Due Process”?
The case that set the precedent that the refusal to appoint counsel for an indigent defendant charged with a felony in state court did not necessarily violate the Due Process Clause of the Fourteenth Amendment.
What is Betts v. Brady?
What year did Mapp v. Ohio take place?
What is 1961?
What is that states not just federal government must provide an attorney to a defendent (and not just cases with a special need)?
Before the 1966 Miranda ruling, this was the primary, less rigid test used by courts to determine if a confession was voluntary.
What is the "totality of the circumstances" test?
Before Gault’s case went to the Supreme Court, he received THIS harsh sentence from Judge Robert McGhee from the Gila County Superior Court.
What is juvenile detention for six years, until he turned 21?
Gideon v. Wainwright was argued on January 15, ______ and decided on March 18, ______.
What is 1963?
In Mapp v. Ohio, police searched Dollree Mapp’s home without this authorization, which made the search unconstitutional under the Fourth Amendment
What is a search warrant?
Until the Gault case, in state court, the Bill of Rights did not automatically protect this group?
Juviniles
Which constitutional amendments were violated in Miranda’s case?
The Supreme Court's final decision on Gault’s case extended several Due Process rights for juveniles, including the right to counsel and the right against THIS Fifth Amendment privilege.
What is self-incrimination, (The right to remain silent)?
Gideon v. Wainwright established . . .
That the Sixth Amendment's guarantee of counsel is a fundamental right essential to a fair trial, applying to state courts through the Fourteenth Amendment's Due Process Clause.
This U.S. Supreme Court doctrine bars illegally obtained evidence from being used in criminal trials, serving to stop police misconduct and uphold constitutional rights
What is the exclusionary rule?
One of these is signed by a judge who examines the evidence to determine if it is sufficient to grant the government the extraordinary power to force their way into someone’s home.
The other are almost always signed by a federal immigration officer — akin to the police — and the legal justification is not subject to review by a judge.
(name the two types)
What are judicial and administrative warrants?
What is the Miranda Warning (script)?
“You have the right to remain silent. Anything you say can and will be used against you in a court of law. You have the right to an attorney. If you cannot afford an attorney, one will be provided for you."
This is followed by asking if they understand these rights and wish to speak.
This fundamental judicial order forces law enforcement authorities to bring a detained person before a judge and justify their imprisonment. Because Arizona law did not allow appeals in juvenile cases at the time, the Gault family had to file THIS specific type of legal petition.
What is a writ of habeas corpus?
Supreme court justice who wrote the unanimous opinion.
Who is Justice Hugo L. Black?
Which Supreme Court case, that Mapp overturned, allowed illegally obtained evidence to be used in court, and stated that states were not required to follow the exclusionary rule?
What is Wolf v. Colorado (1949)?
This is the full text of the Miranda rights
What is:
“You have the right to remain silent. Anything you say can and will be used against you in a court of law. You have a right to an attorney. If you cannot afford an attorney, one will be appointed for you. Do you understand the rights I have just read to you”