POLISCI 361 Lecture Notes - Lecture 4: Fifth Amendment To The United States Constitution, Fourth Amendment To The United States Constitution
8 Apr 2019
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Facts - suspect of rape was chased into a supermarket while he carried a gun, when they found him he did not have the gun. Was not given his miranda warnings asked where gun was- raised question of admissibility of response about gun since he was not first read his rights when public safety is at risk. Reasoning -no violation of miranda laws nor 5th amendment. Doctrines- public safety exception to miranda, police may question without warnings. Alternative solutions - strict following of 5th amendment: roper v simmons. Facts - christopher simmons was 17 when arrested for murder convicted of 1st degree murder and sentenced to death. Provision of constitution - 8th cruel and unusual punishment and 14th. Reasoning - cruel and unusual to execute minors. Doctrines - national consensus that death penalties for juveniles are disproportionate.
