Protecting the rights of defendants and citizens.

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The U.S. criminal justice system deals with the conflict of protecting the rights of defendants and citizens. For example, Ernesto Miranda, a confessed rapist, robber, and kidnapper, was released by the Arizona criminal justice system because members of the system failed to notify Miranda of his constitutional rights (Miranda v. Arizona, 1966). By a five-to-four decision, the Supreme Court of the United States made a decision in favor of the defendant’s rights against the rights of citizens to be protected from such criminals.

Do you agree with a defendant’s case being completely dismissed if he or she is not provided Miranda rights? Why, or why not?

REPLY TO MY CLASSMATE RESPONSE TO THE ABOVE QUESTIONS AND EXPLAIN WHY YOU AGREE? (A MINIMUM OF 75 WORDS or MORE)

Yes, I agree that defendant’s case should be completely dismissed if Miranda rights are violated. There are so many wrongfully convicted people in prison now as a result of coerced confessions. This often happens when detectives are desperate for a confession. Police interrogations should stop once a defendant ask for an attorney and invoke the right to remain silent. I believe a defendant should be acquitted on all charges once their Constitutional rights are violated egregiously.

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