Miranda Rights Your Rights of Silence

A cop points at you and says, Read him his rights. From TV, you know this is not good. You know that you have been taken into police custody and are about to be informed of your Miranda Rights prior to being questioned. Fine, but what are these rights, and what did Miranda do to get them for you? How We Got Our Miranda Rights On March 13, 1963, $8.00 in cash was stolen from a Phoenix, Arizona bank worker. Police suspected and arrested Ernesto Miranda for committing the theft. During two-hours of questioning, Mr. Miranda, who was never offered a lawyer, confessed not only to the $8.00 theft, but also to kidnapping and raping an 18-year-old woman 11 days earlier. Based largely on his confession, Miranda was convicted and sentenced to twenty years in jail. Then the Courts Stepped In Mirandas attorneys appealed. First unsuccessfully to the Arizona Supreme Court, and next to the U.S. Supreme Court. On June 13, 1966, the U.S. Supreme Court, in deciding the case of Miranda v. Arizona, 384 U.S. 436 (1966), reversed the Arizona Courts decision, granted Miranda a new trial at which his confession could not be admitted as evidence, and established the Miranda rights of persons accused of crimes. Keep reading, because the story of Ernesto Miranda has a most ironic ending. Two earlier cases involving police activity and the rights of individuals clearly influenced the Supreme Court in the Miranda decision: Mapp v. Ohio (1961): Looking for someone else, Cleveland, Ohio Police entered Dollie Mapps home. Police did not find their suspect, but arrested Ms. Mapp for possessing obscene literature. Without a warrant to search for the literature, Ms. Mapps conviction was thrown out. Escobedo v. Illinois (1964): After confessing to a murder during questioning, Danny Escobedo changed his mind and informed police that he wanted to talk to a lawyer. When police documents were produced showing that officers had been trained to ignore the rights of suspects during questioning, the Supreme Court ruled that Escobedos confession could not be used as evidence. The exact wording of the Miranda Rights statement is not specified in the Supreme Courts historic decision. Instead, law enforcement agencies have created a basic set of simple statements that can be read to accused persons prior to any questioning. Here are paraphrased examples of the basic Miranda Rights statements, along with related excerpts from the Supreme Courts decision. 1. You have the right to remain silent The Court: At the outset, if a person in custody is to be subjected to interrogation, he must first be informed in clear and unequivocal terms that he has the right to remain silent. 2. Anything you say can be used against you in a court of law The Court: The warning of the right to remain silent must be accompanied by the explanation that anything said can and will be used against the individual in court. 3. You have the right to have an attorney present now and during any future questioning The Court: ...the right to have counsel present at the interrogation is indispensable to the protection of the Fifth Amendment privilege under the system we delineate today. ... [Accordingly] we hold that an individual held for interrogation must be clearly informed that he has the right to consult with a lawyer and to have the lawyer with him during interrogation under the system for protecting the privilege we delineate today. 4. If you cannot afford an attorney, one will be appointed to you free of charge if you wish The Court: In order fully to apprise a person interrogated of the extent of his rights under this system then, it is necessary to warn him not only that he has the right to consult with an attorney, but also that if he is indigent a lawyer will be appointed to represent him. Without this additional warning, the admonition of the right to consult with counsel would often be understood as meaning only that he can consult with a lawyer if he has one or has the funds to obtain one. The Court continues by declaring what the police must do if the person being interrogated indicates that he or she does want a lawyer... If the individual states that he wants an attorney, the interrogation must cease until an attorney is present. At that time, the individual must have an opportunity to confer with the attorney and to have him present during any subsequent questioning. If the individual cannot obtain an attorney and he indicates that he wants one before speaking to police, they must respect his decision to remain silent. But -- You can be arrested without being read yourMiranda Rights The Miranda rights do not protect you from being arrested, only from incriminating yourself during questioning. All police need to legally arrest a person is probable cause -- an adequate reason based on facts and events to believe the person has committed a crime. Police are required to Read him his (Miranda) rights, only before interrogating a suspect. While failure to do so may cause any subsequent statements to be thrown out of court, the arrest may still be legal and valid. Also without reading the Miranda rights, police are allowed to ask routine questions like name, address, date of birth, and Social Security number necessary to establishing a persons identity. Police can also administer alcohol and drug tests without warning, but persons being tested may refuse to answer questions during the tests. An Ironic Ending for Ernesto Miranda Ernesto Miranda was given a second trial at which his confession was not presented. Based on the evidence, Miranda was again convicted of kidnapping and rape. He was paroled from prison in 1972 having served 11 years. In 1976, Ernesto Miranda, age 34, was stabbed to death in a fight. Police arrested a suspect who, after choosing to exercise his Miranda rights of silence, was released. Answers to Commonly Asked Questions About the Miranda WarningsAdd U.S. Gov/Infos Headlines to MyYahoo

IQ †Does It Say The Truth

Did you know an average person has an intelligence quotient (IQ) of 100 points? The highest IQ recorded in history was of Marilyn vos Savant, who got an intelligence quotient of 228! Did you know what vos Savant’s claim to fame was? A few ‘Dear Abby’ styled columns and a few books based on that. Contrast this with OJ Simpson’s IQ level at 89. Confused much? Befuddled much? Bamboozled much? That’s because the IQ is not an accurate representation of what you are. To some circles, IQ may matter but in the grander scheme of things, one doesn’t need a high IQ level to strike gold in real life. Let’s see how IQ levels shouldn’t matter much in the realm of the personal and the professional. The Purpose of IQ Alfred Binet and Theodore Simon had this idea one day, an idea to measure one’s mental capacity. They came up with a standardized test to measure verbal ability, ostensibly as a means to determine mental retardation. Their humble and noble attempt was the start of something, as later on, William Stem sought to study a child’s mental acumen with their chronological age. Stern became the father of the term ‘intelligence quotient’, giving birth to a process of measuring IQ. Stern laid down a process of calculating IQ, by dividing the mental age of an individual by their chronological age, and then multiplying that value by 100 times. Simply put, if a child of 8 years has the mental age of 4 years, his IQ would be calculated as 8 x 4 = 32. The issue was how could one determine the mental age of an individual? This is the first issue which crops up when calculating IQ. IQ Tests Are Not Fair Some IQ tests measure general knowledge. Does merely possessing the right amount of facts and numbers make a person intelligent? Einstein famously remarked, ‘facts and figures that can be looked up in an encyclopedia’ (or Google) do not make for a sharp mind. Intelligence is more about figuring out problems logically and by reasoning. IQ Tests Are About Intelligence, Not Bragging Rights Though the underlying reason for IQ test is noble, human nature, on the other hand, renders that utterly useless. It now seems ‘cool’ to brag about how children score at IQ tests, something parents and guardians seem all too fond of. A high IQ test doesn’t denote these kids are going to become productive and disciplined members of society. It usually takes a lot than just a bunch of numbers signifying how ‘superior or inferior’ your mental acumen is. IQ Has Become a Lightning Rod for Bullies of All Hues The reverse is also true. By letting people know how better some kids with high IQ are parents are unconsciously painting a bull’s eye on their kids. People are all too fond of labeling and that’s where the trouble starts. Labels such as ‘nerdy’, ‘geeky’ and the rest, make these gifted individuals a target for bullies. This culture of abuse infects the abused as well. This phenomenon can be observed when people who argue about Star Trek tend to pick on people who argue about Star Wars. Just possessing a high IQ isn’t enough. Children are, for the most part, mean. They need time to mature and grow out of this phase. Letting them know their IQ can impact their mental and emotional development in more ways than one. It can invite feelings of narcissism or of inferiority, owing to the grades they get on their IQ tests. IQ Tests Are Timed, and That Makes Them Bad For the Thinkers of the World If one has to undertake an IQ test, they will find the questions are timed and one has to hurriedly answer them. Doesn’t this defeat the whole purpose of learning? Is answering questions at light-speed an essential life skill? Such an approach works only if one learns all the answers on the IQ test by rote beforehand. Even Einstein was a contemplative fella. His teachers failed him only because he took his time to answer a question. That is neither fair nor acceptable. IQ Tests Are Not For the Creative Folks This is true of IQ tests because the central focus of these tests remain in questions related to general knowledge, mathematics and scientific analysis. The questions are about choices, just black and white choices. There’s no space to measure the grey. There is no emphasis on linguistics, art and topics, which evoke the human imagination. In fact, Aristotle and Plato might have fared worse and probably devoted the entirety of their lives to being jealous of Archimedes. Archie was a scientist and mathematician whereas the two great thinkers were better versed with philosophy and spirituality. Last, But Not The Least†¦ Just having a high IQ is not enough. That could be like a person owning all the legendary race cars of the world but with no long-lasting contributions to humanity. J. R. R. Tolkien gave us a literary masterpiece and people never once considered what the IQ of the inventor of the Elvish tongue was. James Sidis, on the other hand, was known to have an IQ above 250. As much of a writer and scientist Sidis was, his achievements didn’t leave a lasting effect on humanity. This begs the question is high IQ really important for great men and women to do similarly great things in the world? The answer is a resounding ‘no’. It takes more than IQ to change the world. It takes will, guts, charisma and empathy to move the world. This is not to disparage high IQ holders, but rather a wakeup call for the world to have a more considerate and valid method of measuring one’s true potential. There’s a pressing need to come up with something better than the existing IQ tests.

A Book Review on “The Wisdom of Confucius” Free Essays

† When you see a good man, try to emulate his example, and when you see a bad man, search yourself for his faults. † That quote is one of the many morals stated by the ancient Chinese philosopher, Confucius, which we still live by today. The Wisdom of Confucius, edited and translated by Lin Yutang, takes the best things said and said about Confucius and put them into one three hundred page book. We will write a custom essay sample on A Book Review on â€Å"The Wisdom of Confucius† or any similar topic only for you Order Now It follows his life, from his lowly birth in the small town of Tsou, to his death as one of the world†s greatest philosophers. The book also shows his ideas and beliefs on such subjects as education, politics, and music, subjects still evident in modern day society. The book is mainly comprised of sections and chapters taken from ancient Chinese literature and translated into English by Yutang. He has also added his own commentary and a very lengthy introduction. Some of the books that Yutang used were: The Analects, written by one of Confucius† disciples Mencius, Spring and Autumn, written by Confucius himself, and The Book of Songs, which includes over three hundred Chinese songs and anthems edited by Confucius. Confucius was born in the small town of Tsou, Lu in 551 BC. His real name was Ch†iu K†ung. Ch†iu literally meant â€Å"hill†, and he was named this because he was born with a large bump on his head. The name Confucius means â€Å"K†ung the master. † When he was a young boy, Confucius† father and mother died and were buried together at Fangshan, a town in eastern Lu. While he was still grieving a corrupt official told Confucius that the baron of his city was giving a banquet for all of the scholars and he as not invited. This upset Confucius greatly so he left Lu. On his deathbed , the baron of Lu, Li Meng, told his son, Yi Meng, that Confucius was the descendant of a great nobleman. He also told him that Confucius would grow up to be a great philosopher, and Confucius returned to his home country of Lu, and more and more disciples came to study under him. He never stayed in the same spot for a long time. He would travel from place to place in China for long periods of time. The books calls these times as â€Å"periods of wanderings. It was during these periods of wanderings that the books were written that recorded his sayings and teachings to his disciples. These books are what has made him one of the most famous philosophers. The book does not go into any detail about where he went or what he was doing during the periods of wanderings. It only talks about what was going on in China at that period of time. The rest of the book has Confucius opinions and sayings on certain subjects. It is mostly â€Å"Confucius said this, and Confucius said that. There were a lot of interesting uotes in this part of the book, but it was extremely hard to read without falling asleep. On the subject of education, Confucius said â€Å"Forever occupy your thoughts with education. † He is telling the reader that you should always think about learning something new. You should be open to learning something from anyone you meet, no matter how old or smart you think you are. He also said â€Å"Teaching is half learning. † This means that the person who is teaching is also learning from their students. When asked the question â€Å"What do you think of repaying evil with kindness? Confucius replied â€Å"Then what are you going to repay kindness with? Repay kindness with kindness, but repay evil with justice. † Confucius† main teaching subject was gentlemen like conduct. He believed the best way to live you life was being kind . I thought this book was very hard to read. The beginning was alright when it was talking about his life, but when it got to his quotes it got tiring to read the same thing over and over. It would be a good book to read if you wanted to find a quote to make yourself sound cool in conversation or to do a report on philosophy. How to cite A Book Review on â€Å"The Wisdom of Confucius†, Papers