✋ MIRANDA v. ARIZONA! AVISO DE MIRANDA - nemo tenetur se detegere - Casos Polêmicos скачать в хорошем качестве

✋ MIRANDA v. ARIZONA! AVISO DE MIRANDA - nemo tenetur se detegere - Casos Polêmicos

AVISO DE MIRANDA "VOCÊ TEM O DIREITO DE PERMANECER CALADO"! O CASO DA SUPREMA CORTE AMERICANA “MIRANDA VS. ARIZONA” ENCABEÇA OUTROS TRÊS CASOS ENVOLVENDO INTERROGATÓRIO SOB CUSTÓDIA.: Vignera v. New York - Westover v. United States - California v. Stewart. (NOSSA FONTE PRINCIPAL: Peter Irons. "A People's History of the Supreme Court". New York: Viking, 2000.) EM CADA UM DESTES CASOS O ACUSADO FOI QUESTIONADO POR OFICIAIS DE POLÍCIA,DETETIVES OU ACUSADORES/PROMOTORES EM UMA SALA ISOLADA DO MUNDO EXTERIOR. Bill of rights!!!!!!!! EM NENHUM DESTES CASOS FOI INFORMADO AO ACUSADO SEUS DIREITOS MIRANDA V. ARIZONA: MIRANDA FOI PRESO EM SUA CASA E LEVADO EM CUSTÓDIA A UMA DELEGACIA DE POLÍCIA, ONDE FOI RECONHECIDO PELA TESTEMUNHA DE ACUSAÇÃO. ELE FOI ENTÃO INTERROGADO POR DUAS HORAS, QUE RESULTOU EM SUA CONFISSÃO ORAL E ESCRITA. EM JULGAMENTO, AS CONFISSÕES ORAIS E ESCRITAS FORAM APRESENTADAS AO JÚRI E MIRANDA CONDENADO POR SEQUESTRO E ESTUPRO DE 20/30 ANOS DE PRISÃO. APELOU À SUPREMA CORTE DO ARIZONA, QUE REAFIRMOU A CONDENAÇÃO, ENTENDENDO NÃO TENDO SIDO SEUS DIREITOS VIOLADOS NA OBTENÇÃO DA CONFISSÃO. APÓS NOVO JULGAMENTO, DEPOIS ANULADO O PROCESSO PELA SUPREMA CORTE, ELE FOI CONDENADO. Vignera v. New York - Westover v. United States - California v. Stewart: Vignera v. New York: Vignera was picked up by New York police in connection with the robbery of a dress shop that had occurred three days prior. He was first taken to the 17th Detective Squad headquarters. He was then taken to the 66th Detective Squad, where he orally admitted the robbery and was placed under formal arrest. He was then taken to the 70th Precinct for detention, where he was questioned by an assistant district attorney in the presence of a hearing reporter who transcribed the questions and answers. At trial, the oral confession and the transcript were presented to the jury. Vignera was found guilty of first degree robbery and sentenced to 30-60 years imprisonment. The conviction was affirmed without opinion by the Appellate Division and the Court of Appeals. • Westover v. United States: Westover was arrested by local police in Kansas City as a suspect in two Kansas City robberies and taken to a local police station. A report was also received from the FBI that Westover was wanted on a felony charge in California. Westover was interrogated the night of the arrest and the next morning by local police. Then, FBI agents continued the interrogation at the station. After two-and-a-half hours of interrogation by the FBI, Westover signed separate confessions, which had been prepared by one of the agents during the interrogation, to each of the two robberies in California. These statements were introduced at trial. Westover was convicted of the California robberies and sentenced to 15 years’ imprisonment on each count. The conviction was affirmed by the Court of Appeals for the Ninth Circuit. • California v. Stewart: In the course of investigating a series of purse-snatch robberies in which one of the victims died of injuries inflicted by her assailant, Stewart was identified as the endorser of checks stolen in one of the robberies. Steward was arrested at his home. Police also arrested Stewart’s wife and three other people who were visiting him. Stewart was placed in a cell, and, over the next five days, was interrogated on nine different occasions. During the ninth interrogation session, Stewart stated that he had robbed the deceased, but had not meant to hurt her. At that time, police released the four other people arrested with Stewart because there was no evidence to connect any of them with the crime. At trial, Stewart’s statements were introduced. Stewart was convicted of robbery and first-degree murder and sentenced to death. The Supreme Court of California reversed, holding that Stewart should have been advised of his right to remain silent and his right to counsel. NEMO TENETUR SE DETEGERE JURISDIÇÃO CONSTITUCIONAL HISTORIA DO DIREITO DIREITO AMERICANO DIREITO EUA SUPREMA CORTE AMERICANA