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美国作业代写:The Miranda ruling

2017-06-09 来源: 51due教员组 类别: 更多范文

下面为大家整理一篇优秀的assignment代写范文- The Miranda ruling,供大家参考学习,这篇论文讨论了米兰达权利。米兰达权利,也就是犯罪嫌疑人保持沉默的权利,是一条具有特殊意义的法律制度,即犯罪嫌疑人、被告人在被讯问时,有保持沉默和拒绝回答的权利。米兰达权利的最终目的是在立法、执法、司法、新闻监督和公共权利之间建立平衡。米兰达权利的实施有效地保护了普通百姓的权利。

Miranda ruling,米兰达权利,assignment代写,paper代写,留学生作业代写

The Miranda ruling shows that the defendant has the right to stay silent and refuse to answer any question. Meanwhile, anything the defendant do say will be utilized against him or her in a court of law. The implementation of Miranda ruling is to guarantee the appropriate rights of defendants without any additive force on them. From another view, Miranda ruling reflects the core of American bill of rights, which is right conditioning and balancing. Utilizing rights to limit the abuse of rights. In that case, the basic rights including comment right, liberty of the press of the public can be protected. Moreover, judicial corruption can be avoided to some extent. The ultimate purpose of Miranda ruling is to establish a balance among legislation, law enforcement, judicature, press supervision and public rights. The implementation of Miranda ruling protects the ordinary people’s rights effectively. But I do not think it should apply to terror suspects. First, as is known to all, terror suspects not only break the world peace, but also bring much pain, threaten to the public safety. In essence, the terror suspects have been not the law-abiding citizens, which cannot enjoy the protection of laws. Moreover, they are the makers of death, which should be punished seriously. If they obtain such equal right with the law-abiding citizens, it means injustice to the public. In that case, the public will fight for their equal rights by means of different ways.

As for Victoria Briggs’s comment, I do not agree with his viewpoint. Victoria Briggs thinks that Miranda ruling should apply to terror suspects. Victoria Briggs classifies the terror suspects as the ordinary citizens of America. However, she ignores an important point that terror suspects have broken the laws and bring threaten to the public safety. So they are not qualified to own such right.

As for the difference between “guilty but mentally ill” and “not guilty by reason of insanity” within Washington State, some key points can be concluded. First, “guilty but mentally ill” means that the defendant has broken some laws but at time, he has clear sober-minded awareness to tell which is right or wrong. So in this case, he or she should be punished by the law and should be sent to prison though he or she may have mental illness after that. If the defendant has mental illness after being guilty, he or she may be provided with a special prison with special treatment. As for the “not guilty by reason of insanity”, the major difference is that the defendant has no ability to tell which is right or wrong before his or her action. In that case, what the defendant does is out his expectation or awareness. So if the defendant can be proved that he or she has no awareness or ability to tell right from wrong, the defendant will be not guilty for what he or does. Thus, to distinguish the difference between “guilty but mentally ill” and “not guilty by reason of insanity”, the key point lies in whether the defendant has ability or awareness to tell right from wrong before his action.

For this difference, Kevin Gabriel also has the similar comment. I do agree with his viewpoint. Kevin Gabriel thinks that the defendant with “guilty but mentally ill” should be sent to prison but can be provided with special treatment. Besides, I think the defendant with “guilty but mentally ill” can be cured first and then receive the relevant punishment given by the law.

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