Question: Using The Constitution: Major Cases and Conflicts, 4th Edition by Gloria J. Browne-Marshall, answer the following questions. A. Read and Brief: Gideon v. Wainwright and

Using "The Constitution: Major Cases and Conflicts," 4th Edition by Gloria J. Browne-Marshall, answer the following questions.

A. Read and Brief: Gideon v. Wainwright and 5th Amendment pages 368 -375.

Follow this brief format below Name of the case:

Facts:

Holding: (Last name of the judge, CJ) The U.S. Supreme Court held...

Concurring Opinion:

Dissenting Opinion:

What is the Court trying to protect?:

B. Miranda v. Arizona brought together the 5, 6th, and 14th Amendments in a case involving a confession by an illiterate indigent suspect at a police precinct.

The Miranda Warning was created due to the Escobedo and Miranda cases.

Read Escobedo pages 375-385 and answer the following questions:

1. Is the court seeking to punish law enforcement for denying the rights or attempting to change police policy to avoid the abuse of authority?

2. Why does custodial interrogation trigger greater constitutional protections?

3. Is there any other legal mechanism available to protect suspects during custodial interrogation?

the Miranda case.Read pages. 402-408. and answer the questions :

1. Escobedo was aware of his constitutional rights, while Miranda was unaware. In a precinct, officers are armed but suspects are only protected by the constitution.

2. Do you think the Miranda Warning is enough to stop abuse of police power? Does it hinder police work?

2. The Miranda decision remains a controversial one. What role does the timing of the questioning by police play in protecting the rights of suspects at police precinct?

3. A Miranda Warning assumes that the person in police custody understands the concepts within the warning. Should a 'special circumstances' standard be added for cases of illiteracy or cultural difference?

4. How would you solve the problem? "You have the right to remain silent. Anything you say can and will be used against you in a court of law. You have a right to an attorney. If you cannot afford an attorney, one will be appointed for you."

Can you see the Constitutional protections of the 5th and 6th Amendments combined with Gideon v. Wainwright in the Miranda Warning?

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