Criminal Procedure as Regards Arrest, Interrogation, and Essay

Criminal Procedure as Regards Arrest, Interrogation, and Identification Procedures - Essay Example In this paper, I will attempt to address not only how Miranda altered the balance of power between those accused of a crime and the need for police to do their jobs, but also how Miranda warnings could affect those with diminished mental capacity, and measures that could be taken to ensure complete understanding of guaranteed individual rights by anyone, regardless of their mental capacity. Response Paper Number Two: The Miranda Warnings as They Pertain to Criminal Procedure Miranda v. Arizona, 384 U.S. 436 (1966): Helping the Accused While Hampering the Accuser The landmark case of Miranda v. Arizona, 384 U.S. 436 (1966) set a new legal precedent, and the repercussions are still being felt today. The result of the decision in Miranda, 384 U.S. at 436 was that the confession of one Ernesto Miranda was declared by the United States Supreme Court to be inadmissible in his trial, due to the fact that Miranda had not been advised that he had the right to remain silent, or to have counsel present prior to making the confession. Because of this, according to the Fifth Amendment, which states, in part, that â€Å"No person shall†¦be compelled in any criminal case to be a witness against himself†, his rights had been violated, and his confession was therefore inadmissible. Directly due to this, the conviction that had been originally found was reversed, and the case was sent back for a new trial. This decision by the United States Supreme Court, in considering the balance between abuse of individual rights and freedom for the innocent while allowing police to do their job in maintaining justice swung the balance powerfully in favor of those that stand accused of crimes, while negatively impacting the interests of the police in doing their job to put those who are guilty in prison. Miranda warnings are the same overall, no matter who receives them; they were designed that way to give a standard warning of rights that the accused was entitled to. The first se ntence states that the accused has â€Å"the right to remain silent† (Scheb & Scheb II, 2012). This means that as long as a person says absolutely nothing, unless the police have some form of hard evidence, they most likely cannot gain a conviction. Professor James Duane backs this up in the video lecture â€Å"Don’t Talk to Police† when he gives eight top reasons as to why no one, under any circumstances, should ever talk to the police. Chief among these reasons is that even if someone is innocent, something that is said, however innocent, even if it is the barest tidbit of information, could cause them to be accused or even convicted of a crime (Duane, 2008). That being said, again, as long as the accused remains silent, they retain the power of not only their right to do so but the power to hinder the police that are trying to convict them. The Miranda warnings also shifted power to the accused while negatively impacting police in their last statement, which states that the accused has â€Å"the right to an attorney; if you cannot afford one, one will be appointed for you† (Scheb & Scheb II, 2012). All that the accused has to do is to state that they wish an attorney, and the interrogation must cease

Movie Critique on Gothika Review Example | Topics and Well Written Essays - 2000 words

Critique on Gothika - Movie Review Example Movie Critique on Gothika She is paid a lot of money and to her, the patients are just crazy. She is doing her usually routine of a morning swim and working her normal case load but one day she travels down the highway and meets a woman in flames. She almost runs over this woman but has stopped the car to see what happened to her. The woman in flames is in turmoil. The next thing that the psychiatrist knew is that she is in a psych ward prison cell for the murder of her husband. The story revolves around trying to discover who murders this girl on the road and clearing her name. She is in a frantic battle with the psychiatric prison facility staff to clear her name. The psychiatrist clears both her and one of her main patients when she discovers that the patient was actually raped by one of the guards who is responsible in murdering the girl in flames and the many other girls at the ward. The guard and the psychiatrist's husband had been raping women for a long time in the facility. The story presented in thi s movie had so many twists and turns and interwoven pieces that it made for a great story while being a horror film. The characters in the story were portrayed wisely delivering an outstanding performance. Halle Berry is a remarkable actress in most movies she is in and she won an oscar in some of her film Monster's Ball so it is no surprise that she is capable of a brilliant performance. Halle Berry played the psychiatrist and she is incredibly rich and famous. It is important to recognize that if she was not famous, she would have still delivered a great performance because we see the flawless acting with an elegant flow. She is unlike any other actress because she draws her audience in effortlessly. She is incredibly beautiful but somehow conveys such an ordinary character position. Robert Downey Jr is also in the film and his role is more subdued but it still delivers quite an impact because it is Robert Downey Jr. When he is forced to go against Halle, we see a performance that is quite honest and genuine in its delivery. The prison guard has a poor performance only in the reason that I found he had an annoying persona and did not play evil enough like other people play evil. He is far from being an Anthony Hopkins type character from The Silence of the Lambs. Penelope Cruz plays crazy and beautiful extremely well and holds her own and goes beyond that in this film. Her acting ability is outstanding and her delivery of portraying most characters is quite powerful. The cinematography has quite an impact because the woman in flames is so tortured and is also quite good at acting. The flames and the blood scenes are quite remarkable in terms of how esthetically pleasing and horryifying they are all at the same time. The thunder storm on Halle's way home and the swim scene is incredible as well because we all like a good thunderstorm in a movie. The editing had quite an impact and I felt that the scenes that were in the movie delivered such an awesome film an d nothing was left out. We see the many great qualities in this film with the editing job because there was nothing in it that needed to be added or left out. All the scenes belonged and brought the film to a position of greatness that we have to pay tribute to the editor for doing such a good job. The sound was good but not much more impressive as compared to any other film. We see the woman in flames screaming and the scenes where Halle has fits and outbursts in her reflection of memories