J. Cecelia Shaulis
April 13, 2015
Pols-Y 211
Dalecki
Exam 3- Miranda v. Arizona One of the biggest players in law interpretation and policy-making is the judiciary system. While the other two branches of government have some control over the judiciary system through checks and balances, the federal courts have a great deal of power in the form of judicial review. Judicial review is the authority of the Supreme Court to interpret the Constitution. This means that they can declare federal laws unconstitutional, overrule themselves in previous decisions, and shape public policy. However, there is disagreement over this policy making power which is prominently demonstrated in the debate over judicial activism versus judicial restraint in court …show more content…
Arizona in 1966. In 1963, Ernesto Miranda was arrested for various serious crimes. He was not informed of his rights before the police interrogation in which he supposedly gave a recorded confession to the crimes. He also did not have a counsel present. Miranda was found guilty of his crimes solely on the basis of his confession. He appealed his case all the way up to the Supreme Court, claiming that the confession had been obtained unconstitutionally. The Supreme Court ruled that the prosecution could not use Miranda’s confession as evidence because the police had not informed Miranda of his right to an attorney and his right against …show more content…
Arizona can also be put into the frame of judicial activism. The Supreme Court created a new law, bypassing the elected legislative branch of government, in order to protect the rights of the accused. The law that requires police to read the defendant the “Miranda Rights” not only helps to protect the defendant from self-incrimination under duress, but it also reduces police violence and other forms of intimidation that could lead to a false confession. The new law protects the rights of the accused and changes the behavior of the police towards arrests and interrogations, reconciling growing police powers with individual basic
April 13, 2015
Pols-Y 211
Dalecki
Exam 3- Miranda v. Arizona One of the biggest players in law interpretation and policy-making is the judiciary system. While the other two branches of government have some control over the judiciary system through checks and balances, the federal courts have a great deal of power in the form of judicial review. Judicial review is the authority of the Supreme Court to interpret the Constitution. This means that they can declare federal laws unconstitutional, overrule themselves in previous decisions, and shape public policy. However, there is disagreement over this policy making power which is prominently demonstrated in the debate over judicial activism versus judicial restraint in court …show more content…
Arizona in 1966. In 1963, Ernesto Miranda was arrested for various serious crimes. He was not informed of his rights before the police interrogation in which he supposedly gave a recorded confession to the crimes. He also did not have a counsel present. Miranda was found guilty of his crimes solely on the basis of his confession. He appealed his case all the way up to the Supreme Court, claiming that the confession had been obtained unconstitutionally. The Supreme Court ruled that the prosecution could not use Miranda’s confession as evidence because the police had not informed Miranda of his right to an attorney and his right against …show more content…
Arizona can also be put into the frame of judicial activism. The Supreme Court created a new law, bypassing the elected legislative branch of government, in order to protect the rights of the accused. The law that requires police to read the defendant the “Miranda Rights” not only helps to protect the defendant from self-incrimination under duress, but it also reduces police violence and other forms of intimidation that could lead to a false confession. The new law protects the rights of the accused and changes the behavior of the police towards arrests and interrogations, reconciling growing police powers with individual basic