Miranda Rights and 8th Amendment

Week 6 

Part 1 

As a law enforcing, I would rule that Sally's admission and would be applicable in the ruling of the case. The suspects’ admission was not coercive meaning that the police did not force Sally to answer the question as to why she needed more than 350 painkillers. The suspect responded willingly. The suspect did not wave or invoke the will to remain silent. 

During an arrest, the police officers are supposed to read the Miranda rights to the suspect. However, the suspect can also decide to exercise their right to remain silent in an investigation. If the suspect provides information willingly to the police officers, then the information can be used as an admission in a court. In this case, we are going to use the admission because it was not forced out of sally, but she willingly commented on a question asked by the police officers. 

Part 2 

As a student who is aspiring to join a law school, I would have an understanding of Miranda rights and situations where such rights apply. In the case of Berghuis v. Thompkins, the Supreme Court held that Thompkins never invoked his Fifth Amendment right to remain silent during an investigation despite remaining silent for the most significant part of his integration. Thompkins made a voluntary statement to the police despite knowing his rights and waiving his right to remain silent. In my case, thus, my account would be used in court because I knew my right, yet I did not invoke or waive them when I was being interrogated, and my statements were voluntary. The judge would refer to the supreme courts ruling on Burghuis v. Thompkins case. 

I believe these suspects are willingly wavering their rights with a full understanding of their rights. The reason that during the hearing, they want to refute the use of their admissions in court is an indication that they know how Miranda rights work. As a society, we can educate people about Miranda rights on when to invoke or waive the rights. We can assist law enforcement in their work by requiring them to read us our rights during an arrest and make us understand these rights. 

Week 7 

Part 1. 

The warden duties include keeping the prison safe and ensuring the safety of the prisoners. Besides, part of the legal responsibility is to punish the prisoners if there is probable cause. According to Estelle v. Gamble , the U.S Supreme court identified the standard claims that a prisoner can use as a plea to a violation of Eighth Amendment rights. 

The standard pleads included that the prisoners must provide sufficient harmful acts or evident of ill-treatment that may result in medical needs. From this judgment, it is only right to conclude that one has to prove that they were ill-treated; it may have resulted in a demand for medical services. The law clearly explains the cruel and unusual punishments, and courts have ruled to show where the clause can be used. Locking away the inmates in solitary is not part of what the constitution identifies as cruel and unusual. 

Part 2 

The death penalty is not an effective way of punishment, considering the financial burden that the process has on the legal and criminal justice system. For example, in Florida available indicate that it would cost $51billion more than it would cost to punish criminals involved in first –degree murders with life imprisonment without parole. Facts from other states indicate that it is more expensive to implement a death penalty than any other form of punishment. 

The death penalty should not be banned does not violate the cruel and unusual punishment clause under the 8 th Amendment. Under the 5 th Amendment, the constitution supports lethal punishment. The constitution allows the government to deprive one liberty, property, or life by following the due process of law. 

The framers intended to ban cruel and unusual forms of punishment that are used by the justice system, such as drawing and quartering. It was also designed to have a future impact on what would be considered as unusual and cruel punishments. The intent continues to influence the decision of different cases and eliminate the problem of being cruelly being treated by the court.