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Case Law And Policing Essay

  • Submitted by: dhongniwm814
  • on December 12, 2009
  • Category: Social Issues
  • Length: 605 words

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Below is an essay on "Case Law And Policing" from Anti Essays, your source for research papers, essays, and term paper examples.

There are many case law decisions that have a tremendous effect on policing. To pick the three most important decisions is a difficult task. After consideration, I personally feel the most important decision is Miranda v. Arizona followed by Mapp v. Ohio. The third most important decision, in my opinion, is Michigan Department of State Police v. Sitz.
The Miranda decision dictates that no one can be forced to incriminate themselves. In the Miranda case, Miranda kidnapped and raped a young woman. He was subsequently placed in a lineup in which the victim positively identified him. The police took him into custody and proceeded to interrogate him. The police never informed Miranda of his rights and two hours later he confessed. The confession was used to convict Miranda but upon appeal the confession was ruled inadmissible.   Luckily, he was convicted during a new trial. The Supreme Court ruled that interrogations by nature make confessions an involuntary act. The Court ruled that these interrogations are a violation of the Fifth Amendment. This decision lead to the famous Miranda warnings that must be recited to a suspect when they are taken into police custody. These warnings inform the suspect of their right to be silent as well as the right to counsel and counsel can be provided at no charge.
The decision of Mapp v. Ohio has to do with a person’s Fourth Amendment rights. This decision was the first decision that dealt with the exclusionary rule in regard to state courts. The case had to do with the warrantless entry into a person’s home and using evidence recovered during the search in trial. In this case, the police went to Mapp’s house to recover a man who was not there. The police wanted entry but was refused. They left and came back later with more officers and searched the home. During the search they found pornographic material belonging to Mapp and arrested her. The Court ruled the search was illegal and the evidence was excluded. The conviction was...

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