Cja/354

Criminal Law
You have the right to remain silent, anything you say can and will be used against you in the court of law. You have the right to an attorney, if you cannot afford an attorney one will be provided for you. These famous words came from Miranda vs. Arizona, a Supreme Court case that took place March 13, 1963 when Ernesto Miranda was arrested by the Phoenix Police Department, who failed to advise him of his rights to an attorney and his rights to remain silent. This case has given alleged offenders a chance to have their voice be heard and gives them an opportunity to have a fair trial. Howes, Warden vs. Fields is a recent Supreme Court case that was argued in October 2011 and a decision was made in February 2012. Randall Lee Fields was a Michigan State Prisoner who was questioned while already in custody by two sheriff officers about allegedly sexual abusing a 12 year old boy, prior to his sentencing. Warden, Carl Howes had his officer’s question Fields for a total of seven hours, Fields was advised by the officers, that at any time he was free to leave and could return to his cell. He was never restrained, but the guards remained armed at all times. It is said that Fields stated several times that he did not want to answer, but he never requested to be returned back to his cell. Upon the seventh hour, Fields admitted to sexually abusing the boy and his statement was taken, then he was escorted back to his cell. After this case was heard in front of a jury, the judge sentenced Fields to an additional 10-15 years on two counts of third degree criminal sexual conduct ("Howes Warden vs. Fields", 2012). What interested you about this case? I found this case interesting because Fields petitioned for a writ of habeas corpus, but when it was heard in the courts it was said that a decision was never made if a prisoner already in custody was subject to being Mirandize. While reading the case, I found it hard to tell what decision was actually made on the...

References: Howes, Warden vs. Fields. (2011). Retrieved from http://www.supremecourt.gov
Legal Dictionary. (2011). Retrieved from http://www.legalmatch.com
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