Persuasive Essay On Miranda Rights

Words: 1098
Pages: 5

Every American is entitled to the same rights as every other American. This is why they created Miranda rights to give people the right to stay silent and they have a right to an attorney. If Smith was told his Miranda rights his punishment would be more severe. I would consider him guilty of first degree armed robbery, along with second degree attempt at murder charges on the guard he shot, since it does not state in the scenario that the guard was killed. He went to the bank with intent to rob and take the money, though may not have had intent to shoot another. In the state of California, he would be sentenced to three to nine years in prison for the first degree armed robbery (Robbery charges). For the second degree attempt at murder, most states, would give a sentence with a range of five to 15 years (Attempted murder charges and penalties).
As a judge in the case involving John Smith, he will face criminal charges, because there is most likely already overwhelming proof that Smith had shot the guard and robbed the bank, from witnesses and being caught at the scene. But, since Smith was not read his Miranda rights, I would consider his confession would be considered involuntary and cannot be used
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Most would consider this a crime that would put someone in jail for life. But today, this man is outside of a prison cell and actually spent 35 years in a mental hospital (Boburg, 2016). The Model Penal Code or MPC is a criminal code that is designed by the American Law Institute which has a set of lawyers, law professors, and judges. What the Model Penal Code requires for culpability is if a person acts deliberately, intentionally, or carelessly (Gardner & Anderson, 2012). According to the ruling of the court, they felt Hinckley did not intentionally shoot to kill President Ronald Reagan and that he was insane to the point of not understanding his actions