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dc.contributor.authorMorris, S. Meredith
dc.date.accessioned2007-02-20T17:55:26Z
dc.date.available2007-02-20T17:55:26Z
dc.date.issued2005
dc.identifier.urihttp://hdl.handle.net/1928/2715
dc.description39 p. ; This student paper has been awarded 2004-2005 UNM Law School Thesis Honors.en
dc.description.abstractIn this paper, I posit that the Miranda ruling from the infamous case Miranda v. Arizona, when poorly applied, results in profound and blatant Eracism. The Miranda Rule was created to protect the citizens of America; it was to protect suspects from coercion during custodial interrogations. Miranda was written by economically privileged justices, to be most often applied to poor and under-privileged suspects who are often minorities and many times uneducated people who know next to nothing about the legal system in the United States. I will begin Part I by stepping back in history to look at the evolution of Miranda and the cases that followed. Next, I take a look at the 2000 Census data and address the relatively current minority population percentages. Then, in Part II, I dissect Miranda, revealing what "custody" and "interrogation", the "right to an attorney" and "valid waiver" mean according to the Supreme Court. As I scrutinize each of these four terms or concepts, I elucidate the misapplication of these ideas by exposing how they play out in cases where the suspects or defendants are Native American. For each of these concepts I attach a federal circuit court case, where each defendant appealed based on the belief that his Miranda rights were violated. In Part III of this paper, I take a deeper look at how language and culture interact and intersect with Miranda. In Part IV, I move on to discuss solutions to the problems resulting under Miranda and what some jurisdictions in the United States are doing to remedy these problems.en_US
dc.description.sponsorshipUniversity of New Mexico School of Lawen
dc.format.extent2734727 bytes
dc.format.extent2676257 bytes
dc.format.extent2624190 bytes
dc.format.mimetypeapplication/pdf
dc.format.mimetypeapplication/pdf
dc.format.mimetypeapplication/pdf
dc.language.isoen_USen_US
dc.subjectConstitutional Rightsen_US
dc.subjectEracismen_US
dc.subjectMiranda Ruleen_US
dc.subjectMiranda v. Arizonaen_US
dc.subjectSupreme Courten_US
dc.subjectMiranda Rightsen_US
dc.subjectFederal Court Decisionsen_US
dc.subjectLanguageen_US
dc.subjectCultureen_US
dc.subjectNative American Defendantsen_US
dc.titleOn Miranda and Misinterpretation: A Look at the Rights of Native American Defendantsen_US
dc.typeOtheren_US


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