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

Phobias Essays - Phobias, Anxiety Disorders, Psychiatric Diagnosis

Phobias Everyone is afraid of something. Everyone experiences nervousness, anxiety and even in superior feelings around certain people. Some people possess these feelings so deeply that their fear is considered irrational. Even they realize that it is irrational and that they have a phobia. Millions of people suffer from phobias every day of their lives. The third largest psychological disorder in the United States is what psychologists have labelled a social phobia. A social phobia is the fear of social situations and the interactions with other people that can automatically bring on feelings of self-consciousness, judgement, evaluation, and scrutiny. They cannot overcome a social phobia without the patient first grasping exactly what triggers their fears, and then learning how to receive proper help. A social anxiety disorder or social phobia is the constant fear of being criticized or evaluated by other people. People with a social phobia are nervous, anxious, and afraid about many social situations. Simply attending a business meeting or going to a company party can be highly nerve wracking and intimidating. Although people with social anxiety want very much to be social with everyone else, their anxiety about not doing well in public is strong and hinders their best efforts. They freeze up when they meet new people, especially authority figures. They are particularly afraid that other people will notice that they are anxious, so this fear enables the anxiety to grow and turn into a vicious cycle. One example, a woman hates to stand in the grocery store because she is afraid that everyone is watching her. She knows that it is not really true, but she cannot shake the feeling. While she is shopping, she is conscious of the fact that people might be staring at her from the big mirrors on the inside front of the ceiling. Now, she has to talk to the person who is checking out the groceries. She tries to smile, but her voice comes out weakly. She is sure she is making a fool of herself. Her self-consciousness and anxiety rise to extremes. Many symptoms go hand in hand with this terrible phobia. The feelings that accompany a social phobia include anxiety, intense fear, negative thinking cycles, racing heart, blushing and trembling. In public places, such as work, meetings, or shopping, people with a social phobia feel that everyone is staring at them (even though, rationally, they know this is not true.)The socially anxious person can never relax when other people are around. It always seems as others are evaluating them, judging them, or being critical of them, so in turn, resisting social situations is much easier for the sufferer. Some specific symptoms are those people, for example, who cannot write in public because they fear people are watching and their hand will shake. Others are too overly introverted, and they find it too difficult to hold down a job. Some cannot eat in public or "freeze" when they step into a public situation. The suffered tries to avoid introductions to new people, being the focal point, or being observed while doing something, because it triggers their uncomfortable nature. Once the patient understands the sickness, they can make measures to help maintain these horrible feelings and overcome the sickness. When the phobias interfere with a person's life, treatment can help. Because few socially-anxious people have heard of their own problem, and have never seen it discussed on any of the television talk shows, they think they are the only ones who have these terrible symptoms. Therefore, they keep quiet about them. It would be too horrific if everyone realized how much anxiety they experienced in daily life. Unfortunately, without some kind of education, knowledge and treatment, social anxiety continues to wreck havoc throughout their lives. Adding to the dilemma, when a person with a social phobia gets up the nerve to seek help, the chances that they can find it are very slim. In fact, Psychiatrists have misdiagnosed people with a social phobia almost 98% of the time. People with a diagnosable DSM-IV social phobia have been mislabeled "schizophrenic," "manic-depressive," "clinically depressed," "panic disordered," and "personally disordered," among many other misdiagnoses. Successful treatment usually involves a kind of cognitive-behavioral therapy called desensitization or exposure therapy, where psychologists gradually expose patients to what frightens them until the fear begins to fade. This treatment provides methods, techniques, and strategies that all combine to lessen anxiety and make the world a much more enjoyable place. Therapy may involve learning to view social events differently, and exercises on relaxation and breathing also to help reduce anxiety symptoms.

Free Essays on Fathers In Poetry (Theodore Roetheke V. Sylvia Plath)

Fathers in Poetry: Immortalizing vs. Destroying Their Memory Everyone=s relationship with their father is different. Some idolize them, while others resent. And often these feelings exist regardless of the father=s faults. Two poems that demonstrate this well are ADaddy@ by Sylvia Plath and AMy Papa=s Waltz@ by Theodore Roethke. Both deal with the relationships the authors and their fathers had in light of the father=s faults, but aside from this the poems could hardly be more different. In ADaddy,@ Plath=s father is cold and unfeeling. Despite her best efforts, she cannot win his love. He is the Nazi to her Jew, and cannot accept anyone as inherently flawed as she. Plath realizes after thirty years that she will never come to terms with her father=s coldness and uses her poem to Akill@ his memory. Conversely, Roethke=s father in AMy Papa=s Waltz@ is robust and friendly, if only because he is intoxicated. Roethke seems to adore this father who would come home at night to romp with him before bed; thus, his poem comes across as less of an accusation and more of a fond memory of a flawed but loving parent. ADaddy@ is a murder of sorts. Plath is tired of being oppressed by her father long after his death, and attempts in this poem to kill his memory. This is evident when she states ADaddy, I have had to kill you,/ You died before I had time@ (lines 6-7). What Plath means is that she is forced to kill his memory, since he died before she could kill his person. With this piece, Plath is (in theory) free of her father just as if she=d really physically slain him. Evidence for this includes the lines AYou do not do, you do not do/ Any more, black shoe@ (lines 1-2), ADaddy, I have had to kill you@ (line 6), and ASo daddy, I=m finally through@ (line 68). Plath=s father has no more influence over her; his Ablack shoe@ is useless to control her since she has chosen to be through with him. Roethke, however, seems intent upon... Free Essays on Fathers In Poetry (Theodore Roetheke V. Sylvia Plath) Free Essays on Fathers In Poetry (Theodore Roetheke V. Sylvia Plath) Fathers in Poetry: Immortalizing vs. Destroying Their Memory Everyone=s relationship with their father is different. Some idolize them, while others resent. And often these feelings exist regardless of the father=s faults. Two poems that demonstrate this well are ADaddy@ by Sylvia Plath and AMy Papa=s Waltz@ by Theodore Roethke. Both deal with the relationships the authors and their fathers had in light of the father=s faults, but aside from this the poems could hardly be more different. In ADaddy,@ Plath=s father is cold and unfeeling. Despite her best efforts, she cannot win his love. He is the Nazi to her Jew, and cannot accept anyone as inherently flawed as she. Plath realizes after thirty years that she will never come to terms with her father=s coldness and uses her poem to Akill@ his memory. Conversely, Roethke=s father in AMy Papa=s Waltz@ is robust and friendly, if only because he is intoxicated. Roethke seems to adore this father who would come home at night to romp with him before bed; thus, his poem comes across as less of an accusation and more of a fond memory of a flawed but loving parent. ADaddy@ is a murder of sorts. Plath is tired of being oppressed by her father long after his death, and attempts in this poem to kill his memory. This is evident when she states ADaddy, I have had to kill you,/ You died before I had time@ (lines 6-7). What Plath means is that she is forced to kill his memory, since he died before she could kill his person. With this piece, Plath is (in theory) free of her father just as if she=d really physically slain him. Evidence for this includes the lines AYou do not do, you do not do/ Any more, black shoe@ (lines 1-2), ADaddy, I have had to kill you@ (line 6), and ASo daddy, I=m finally through@ (line 68). Plath=s father has no more influence over her; his Ablack shoe@ is useless to control her since she has chosen to be through with him. Roethke, however, seems intent upon...

Some Thoughts on Dashes

Some Thoughts on Dashes Some Thoughts on Dashes Some Thoughts on Dashes By Maeve Maddox A reader wonders about the use of dashes to replace colons: More and more I see dashes (of various sorts) used to do the work you say that the colon should do: introduce a word, phrase, clause, list, or quotation after a complete sentence. Is either acceptable? I can’t find an example of a dash used to introduce a quotation, but its use in place of a colon to introduce a word, phrase, clause, or list is common: â€Å"Nonetheless,† he added, â€Å"just having these recordings is not going to be sufficient† to make any definitive conclusions about the cause of the crash- a process that could take weeks, if not months.† Now students’ needs are anticipated by a small army of service professionals- mental health counselors, student-life deans and the like. Coming at the end of a sentence in this way, the use of a dash is not as jarring to me as its increasingly popular use to replace commas or parentheses within a sentence: The study’s authors hypothesized that material gains made through early agricultural success- a proxy for wealth- gave smaller groups of related men the reproductive upper hand for generations. Boko Haram has widened its efforts from capturing foreigners- who can be ransomed off for big bucks- to targeting mass numbers of young women and children who can  be put to other uses. Commas or parentheses would do just fine in each example. The choice to replace commas or parentheses with a dash should be made with a clear understanding of the effect desired. Explanatory information meant for readers who may need help with a concept can go in parenthesis: The study’s authors hypothesized that material gains made through early agricultural success (a proxy for wealth) gave smaller groups of related men the reproductive upper hand for generations. Information relevant to the sentence, but of secondary importance can go between commas: Boko Haram has widened its efforts from capturing foreigners, who can be ransomed off for big bucks, to targeting mass numbers of young women and children who can  be put to other uses. Dashes are appropriate when the purpose is to startle the reader with an unexpected interruption that provides a peripheral thought: His chisel was one of the weapons used- not that he could help that, poor fellow- and no doubt you will want to ask him questions. The dash is an attention-getting punctuation mark that can be used to change the tone of a sentence. Dashes are like the unexpected chords in The Surprise Symphony: they jerk the reader into wakefulness. They are most effective when not overused. Want to improve your English in five minutes a day? Get a subscription and start receiving our writing tips and exercises daily! Keep learning! Browse the Punctuation category, check our popular posts, or choose a related post below:Addressing A Letter to Two People50 Idioms About Arms, Hands, and FingersEach vs. Both

Credo Essay Example | Topics and Well Written Essays - 10000 words

Credo - Essay Example His love never ceases and His hope remains with us, even in the darkest hours of our uncertainties, trials and tribulations. This is my journey, and this is my credo. Contents Dedication Preface Introduction Dedication . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .4 Preface. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .5 Introduction . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .11 My belief in One God . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .12 My understanding of Jesus Christ . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .19 The Holy Spirit and the Trinity . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .25 Soteriology: my understanding S .G. S . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . ... . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .55 APPENDIX . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . Dedication For my mother Leonne Renazile who is a keeper of the faith and constantly praying for her children and never or neither ceases nor tires to bring them one by one, to the throne of grace. She is a champion of the faith who loves the Lord with all her heart and might. She is also a mother who loves and loves and loves again all her children. G. Herard For my husband Evrard Herard whose love and understanding has been a source of comfort, joy and encouragement to me and who has given me much more. G. Herard Many and great, O God, are thy things Maker of earth and sky; Thy hands have set the heavens with stars; Thy fingers spread the mountains and plains. Lo, at Thy Word the waters were formed; Deep seas obey Thy voice. Grant unto us communion with thee, Thou star abiding one; Come unto us and dwell with us; With thee are found the gifts of life, Bless us with life that has no end, Eternal life with Thee. Dakota Indian Hymnal, Joseph Renville, 1842. Preface The nature of my experience at NYTS! It is often noted, that the love of God has no comparison and that His ways of touching lives has always appeared to be a mysterious event which many of us call â€Å"miracles†. As much as I think that I am in full control of my actions, I always have to come to terms about someone else much greater than myself, someone who has my best interest in mind, and who made promises to guide me and my ancestors from generation to generation. Someone who promised to never leave me nor forsake me as long as I keep on trusting in Him and allowing Him