Got a tricky question? Receive an answer from students like you! Try us!

The article Miranda Revisted: Dickerson v. United States by Thomas Petrowski - Essay Example

Only on StudentShare
Author : germanward

Summary

The article "Miranda Revisted: Dickerson v. United States" by Thomas Petrowski examines the issue of Dickerson v United States case and discusses its implication for the law enforcement. It starts with the quotation from Fifth Amendment of Constitution which says that the person cannot be a witness against himself…

Extract of sample
The article Miranda Revisted: Dickerson v. United States by Thomas Petrowski

The author provides the factors under which the confession is considered to be voluntary. The section of passage 3501 is used to protect the rights of convicts, however, despite of this passage the law enforcement agencies followed the ruling in Miranda.
On the page 27 the author summarizes the details of Dickerson case: Dickerson was aware of the rights granted to him by Miranda ruling and has waived them in the written form. However, as the investigation went further, he has notified that has confessed before he received the Miranda warning. The major point was not that the confession was voluntary, but whether it was in fact given before Miranda warning. As the result the case was transferred to US Supreme Court. "The Court not only affirmed Miranda but also declared it a Constitutional rule" (Petrowski 28).
The next section is headed "Practical implication: Civil liability" is which the author investigates the "potential civil liability of individual law enforcement officers and their departments resulting from intentional violations of the warning requirements mandated in Miranda" (Petrowski 28). ...
Download paper

Related Essays

LAW CASE (sheapard v. united states)
In 1933 Major Shepard files a Petition for a Writ of Certiorari. A Writ of Certiorari is a document in which the losing party files with the Supreme Court asking them to review the case from a lower court (Techlaw Journal, 2008). This can be done when the petitioner is dissatisfied with the decisions of the lower courts including the US Court of Appeals. A Writ can be granted at the discretion of the US Supreme Court. The Supreme Court being the highest Court in the Nation has the right to not accept the petition and there has to be some kind of compelling reason for acceptance. In Shepards…
2 pages (502 words)
Miranda vs. Arizona
We know we have the right to remain silent and have a right to an attorney. Yet, the Miranda decision was far more reaching than the few principles that are read from a card. It reaches back into history to establish a precedent and presents ongoing dilemmas as it faces new challenges for the courts and law enforcement.Up until the time of the 1966 Miranda decision, police interrogations varied widely in manner and method. American law, based on English principles, had long accepted that coerced testimony or confessions were unreliable as evidence. This was the premise of the Fifth Amendment…
5 pages (1255 words)
Miranda
If you cannot afford an attorney, one will be provided for you." ( "Miranda Warning")…
2 pages (502 words)
The United States Supreme Court
In this analysis, this is a strong majority opinion and probably not subject to change in the future. Sections 506(a) and 506(d) deal with independent legal issues, the language of 506(a) may not be used to invoke the lien avoiding language of 506(d), and debtors must suffer the burden of such disparities between the value of the underlying collateral and the debt itself. The Court’s holding, it must be noted, was not unanimous. Two Justices, Scalia and Souter, dissented. The dissenting opinion argued that sections 506(a) and 506(d) ought to have been read as complementary sections, that…
2 pages (502 words)
Nixon v United States
doubts the people of America had regarding “The efficiency of a system that not only comprises of the President and the White House staff, but also extends to the office of independent counsel-its authority and its jurisdiction.” (Frederick M. Kaiser, p 5). The tapes, one of them called ‘The Smoking Gun’ which include the recorded conversations, that revealed Nixon’s alleged acts that were antagonistic to justice and highlighted his attempts to cover up the attempted break-in, led to a lot of public disgust for the Republican Party. Keeping in mind the disastrous effect the Watergate…
2 pages (502 words)
weeks v. united states
In the case of Weeks v. United States, Weeks’ property was searched by the state agents without a lawful warrant and some papers and other possessions were seized by the agents which led to the conclusion that the defendant was an illegal gambler. However, this constituted a violation of the Fourth Amendment because otherwise the evidence that was collected in this unlawful manner should not have been used in the federal criminal prosecution.…
1 pages (251 words)
UNITED STATES V. MONTGOMERY
These buys ranged from one to seven ounces of crack cocaine, which was significant under existing Texas statute. After a Grand Jury indictment, Montgomery was tried and convicted of several of the charges levied against him and sentenced to 160 months imprisonment. The appeal that was lodged was based on the following five premises: Sufficiency of evidence, Jencks Act, Evidentiary Matters, the Batson Challenge, and prosecutorial misconduct.…
1 pages (251 words)