Miranda Rights and Warning
Order ID 53563633773 Type Essay Writer Level Masters Style APA Sources/References 4 Perfect Number of Pages to Order 5-10 Pages
Miranda Rights and WarningAn example of the format to use for theWritten Research Paper OutlineNamesSF 462-01DateMiranda v. Arizona 384 U.S. 436Background: On March 13,1963, Ernesto Miranda was arrested based on circumstantial evidence linking him to the kidnapping and rape of an 18-year-old woman. After hours of interrogation by Phoenix Police Department Officers, Miranda signed a confession to the rape that included a statement that the he under no coercion, threats and in full knowledge of his rights.Before the Trial it was confirmed that Miranda had not been informed of his right to counsel or that his confession would be used against him in a court of Law. At Trial, his Court-appointed lawyer, Alvin Moore objected to the use of the confession based on these facts. When his objection was overruled in the trial court, Miranda was convicted of rape and kidnapping. He was then sentenced to 20-30 years’ imprisonment. Moore appealed the case to the Arizona Supreme Court which affirmed the trial court’s decision to use the confession as evidence. In 1965, the case was granted Cert by the U.S. Supreme Court.Issues, Rules of Law, Application: This case brought into question the manners in which police interrogations were conducted at the time, which many considered to be barbaric and unjust. The issues that were emphasized were that any statements made by a defendant in police custody must be admissible at trial only if prosecution can show that the defendant was informed of their rights to an attorney before and during questioning and against self-incrimination. Not only that they understood their rights, but voluntarily waived them.Conclusion: Chief Justice Earl Warren delivered the opinion of the Court, ruling that due to the coercive nature of the of police interrogations, no confessions could be admissible under the Fifth and Sixth Amendments unless the suspect was aware of their rights and waived them. One Justice concurred in part and dissented in part. Three others dissented, four other concurred. (Need to explain both the majority and dissenting opinion)Opinions: Students Opinions and Audience Questions (just indicate which student will defend opinions) I will defend the dissenting decision and support that opinion .Reference:LexisNexis, Miranda v. Arizona 384 U.S. 436Charles W. Stephanos B, (2010) The right to remain silent. Retrieved from www.Law.berkeley.eduLief, M. and Caldwell H. (2006) You have the right to remain silent. American Heritage.Montaldo, C. (2014) Miranda Rights and Warning: Landmark Case Evolved from 1963 Ernesto Miranda Arrest. Retrieved from About.com (Not a valid resource)Miranda v. Arizona 384 U.S. 436 (1966) Justia U.S. Supreme Court. Retrieved from https://supreme.justia.com/cases/federal/us/384/436/
QUALITY OF RESPONSE NO RESPONSE POOR / UNSATISFACTORY SATISFACTORY GOOD EXCELLENT Content (worth a maximum of 50% of the total points) Zero points: Student failed to submit the final paper. 20 points out of 50: The essay illustrates poor understanding of the relevant material by failing to address or incorrectly addressing the relevant content; failing to identify or inaccurately explaining/defining key concepts/ideas; ignoring or incorrectly explaining key points/claims and the reasoning behind them; and/or incorrectly or inappropriately using terminology; and elements of the response are lacking. 30 points out of 50: The essay illustrates a rudimentary understanding of the relevant material by mentioning but not full explaining the relevant content; identifying some of the key concepts/ideas though failing to fully or accurately explain many of them; using terminology, though sometimes inaccurately or inappropriately; and/or incorporating some key claims/points but failing to explain the reasoning behind them or doing so inaccurately. Elements of the required response may also be lacking. 40 points out of 50: The essay illustrates solid understanding of the relevant material by correctly addressing most of the relevant content; identifying and explaining most of the key concepts/ideas; using correct terminology; explaining the reasoning behind most of the key points/claims; and/or where necessary or useful, substantiating some points with accurate examples. The answer is complete. 50 points: The essay illustrates exemplary understanding of the relevant material by thoroughly and correctly addressing the relevant content; identifying and explaining all of the key concepts/ideas; using correct terminology explaining the reasoning behind key points/claims and substantiating, as necessary/useful, points with several accurate and illuminating examples. No aspects of the required answer are missing. Use of Sources (worth a maximum of 20% of the total points). Zero points: Student failed to include citations and/or references. Or the student failed to submit a final paper. 5 out 20 points: Sources are seldom cited to support statements and/or format of citations are not recognizable as APA 6th Edition format. There are major errors in the formation of the references and citations. And/or there is a major reliance on highly questionable. The Student fails to provide an adequate synthesis of research collected for the paper. 10 out 20 points: References to scholarly sources are occasionally given; many statements seem unsubstantiated. Frequent errors in APA 6th Edition format, leaving the reader confused about the source of the information. There are significant errors of the formation in the references and citations. And/or there is a significant use of highly questionable sources. 15 out 20 points: Credible Scholarly sources are used effectively support claims and are, for the most part, clear and fairly represented. APA 6th Edition is used with only a few minor errors. There are minor errors in reference and/or citations. And/or there is some use of questionable sources. 20 points: Credible scholarly sources are used to give compelling evidence to support claims and are clearly and fairly represented. APA 6th Edition format is used accurately and consistently. The student uses above the maximum required references in the development of the assignment. Grammar (worth maximum of 20% of total points) Zero points: Student failed to submit the final paper. 5 points out of 20: The paper does not communicate ideas/points clearly due to inappropriate use of terminology and vague language; thoughts and sentences are disjointed or incomprehensible; organization lacking; and/or numerous grammatical, spelling/punctuation errors 10 points out 20: The paper is often unclear and difficult to follow due to some inappropriate terminology and/or vague language; ideas may be fragmented, wandering and/or repetitive; poor organization; and/or some grammatical, spelling, punctuation errors 15 points out of 20: The paper is mostly clear as a result of appropriate use of terminology and minimal vagueness; no tangents and no repetition; fairly good organization; almost perfect grammar, spelling, punctuation, and word usage. 20 points: The paper is clear, concise, and a pleasure to read as a result of appropriate and precise use of terminology; total coherence of thoughts and presentation and logical organization; and the essay is error free. Structure of the Paper (worth 10% of total points) Zero points: Student failed to submit the final paper. 3 points out of 10: Student needs to develop better formatting skills. The paper omits significant structural elements required for and APA 6th edition paper. Formatting of the paper has major flaws. The paper does not conform to APA 6th edition requirements whatsoever. 5 points out of 10: Appearance of final paper demonstrates the student’s limited ability to format the paper. There are significant errors in formatting and/or the total omission of major components of an APA 6th edition paper. They can include the omission of the cover page, abstract, and page numbers. Additionally the page has major formatting issues with spacing or paragraph formation. Font size might not conform to size requirements. The student also significantly writes too large or too short of and paper 7 points out of 10: Research paper presents an above-average use of formatting skills. The paper has slight errors within the paper. This can include small errors or omissions with the cover page, abstract, page number, and headers. There could be also slight formatting issues with the document spacing or the font Additionally the paper might slightly exceed or undershoot the specific number of required written pages for the assignment. 10 points: Student provides a high-caliber, formatted paper. This includes an APA 6th edition cover page, abstract, page number, headers and is double spaced in 12’ Times Roman Font. Additionally, the paper conforms to the specific number of required written pages and neither goes over or under the specified length of the paper.
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