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Murder Conviction Voided Over Miranda Rights Violation. Skip to comments. Murder Conviction Voided Over Miranda Rights Violation Los Angeles Times ^ | October 29, 201 | Maura Dolan Posted on Wed 30 Oct 2013 03:45:16 AM CET by nickcarraway Judges rule that detectives failed to tell Reuben Kenneth Lujan of his right to have an attorney present at all times. He was convicted of killing his estranged wife and her friend with a concrete block. Reuben Kenneth Lujan was sentenced to life without parole for killing his estranged wife, Monica, 26, and her friend, Deputy Gilbert Madrigal, 45, by smashing their heads with a concrete block.
A three-judge panel of the U.S. 9th Circuit Court of Appeals, upholding a lower court decision, agreed that detectives failed to administer a complete Miranda warning before questioning Lujan. Lujan also confessed to the killings during his trial, but that confession cannot be used against him because he only testified to explain his earlier admissions, the 9th Circuit said. (Excerpt) Read more at latimes.com ... To: no-s. Miranda Rights: What Happens If Police Don't 'Read Your Rights' Many people believe that if they are arrested and not "read their rights," they can escape punishment. Not true. But if the police fail to read a suspect his or her Miranda rights, the prosecutor can't use for most purposes anything the suspect says as evidence against the suspect at trial. Of course, as with nearly all legal rules, there are exceptions. (See When Police Violate the Miranda Rule and Exceptions to the Miranda Rule.)
What Are Your Miranda Rights? The Miranda warning (from the U.S. You have the right to remain silent.If you do say anything, it can be used against you in a court of law.You have the right to have a lawyer present during any questioning.If you cannot afford a lawyer, one will be appointed for you if you so desire. When the Miranda Warning Is Required If someone is not in police custody, however, no Miranda warning is required and anything the person says can be used at trial. For more detail on these issues, see Miranda: The Meaning of 'Custodial Interrogation.' Does it matter whether a suspect gets read his rights when the evidence shows he's guilty?
Video footage shows a young man in a dark baseball cap shrugging a bulky backpack off his shoulder and walking away. Bombs explode, killing three people and injuring over 100 at the April 2013 Boston Marathon finish line. After a tense, four-day manhunt, the authorities arrest a severely injured young man who strongly resembles the man in the video. Other evidence appears to link the man to the crime. While the man is in the hospital for treatment to his injuries, the FBI questions him without reading him his rights. The answer is yes, and this article explains why.
For more information about the Miranda case and Miranda rights in general, see Miranda Rights: What Happens If The Police Don't Read Your Rights. Miranda Protects Constitutional Rights The “right to remain silent” recital that we commonly see on movie and television screens (and which some of us have heard in person) is often referred to as the Miranda warning. Preventing Self-Incrimination The Fifth Amendment to the U.S.
Miranda exceptions. Positive Effects Of Marijuana - iMarijuana.com. Millions of people look for the positive effects of marijuana when it comes to treating mild-to-severe health complications. The fact that marijuana smokers experience mood lifts, increase in appetite, and sense of well being truly suggests that the benefits of marijuana are worth using and legalizing it. The use of marijuana is associated with the stimulation of appetite and relief from nausea. Marijuana use reduces muscle spasms and relieves eye pressure for glaucoma patients. The drug is also used in the treatment of health complications such as epilepsy, AIDS and HIV, sexual dysfunction, anxiety and panic attacks, multiple sclerosis, arthritis, and fibromyalgia.In addition to that, the benefits of medical marijuana extend to the treatment of health diseases such as alcohol abuse, spinal cord injuries, cancer, bipolar disorder, depression, Alzheimer’s disease, inflammatory bowel disease, migraines, and fibromyalgia.
Medical Marijuana ProCon.org. Experts Tell the Truth about Pot. IN THE CLASSIC 1936 cult film Reefer Madness, well-adjusted high school students who try marijuana suddenly sink into a life of addiction, promiscuity, aggression, academic failure, homicide and mental illness. The movie concludes with the ominous warning that “The dread marijuana may be reaching forth next for your son or daughter ... or yours ... or YOURS!” Newspaper headlines of the day often reflected a similar sentiment. On February 10, 1938, a headline in the Beloit (Wisc.) Daily News read, “Authorities Warn against Spread of Marijuana Habit—Insanity, Degeneracy and Violence Follow Use of Weed.” Such a position on pot seems extreme. Yet just as people have since cast aside the notion that marijuana use inevitably culminates in the destruction of the mind, so have they also begun to question the concept that it is benign.
How Many Get Hooked? Possible Perils A hotly debated issue is whether marijuana is a “gateway” drug, leading to the use of more dangerous substances. DrugFacts: Is Marijuana Medicine? | National Institute on Drug Abuse (NIDA) What is medical marijuana? The term medical marijuana refers to using the whole, unprocessed marijuana plant or its basic extracts to treat symptoms of illness and other conditions. The U.S. Food and Drug Administration (FDA) has not recognized or approved the marijuana plant as medicine. However, scientific study of the chemicals in marijuana, called cannabinoids, has led to two FDA-approved medications that contain cannabinoid chemicals in pill form. Continued research may lead to more medications. Because the marijuana plant contains chemicals that may help treat a range of illnesses and symptoms, many people argue that it should be legal for medical purposes.
In fact, a growing number of states have legalized marijuana for medical use. Why isn’t the marijuana plant an FDA-approved medicine? The FDA requires carefully conducted studies (clinical trials) in hundreds to thousands of human subjects to determine the benefits and risks of a possible medication. What are cannabinoids? Marijuana Legalization: What Everyone Needs to KnowRG: What Everyone Needs ... - Jonathan P. Caulkins, Angela Hawken, Beau Kilmer, Mark Kleiman. St218. Yale Law Journal - Are Police Free To Disregard Miranda? Steven D. Clymer 112 Yale L.J. 447 (2002) This Article contends that the common understanding of Miranda as a direct restraint on custodial interrogation by police is mistaken. Instead, Miranda, like the privilege against compulsory self-incrimination that serves as its constitutional foundation, is a rule of admissibility. As the text of the privilege, the Supreme Court's Fifth Amendment jurisprudence, and the Miranda majority's reasoning all demonstrate, neither the privilege nor Miranda can be violated without use of a compelled statement in a criminal case.
Miranda controls police conduct only indirectly, by requiring suppression of statements taken in violation of the Miranda rules. If the Supreme Court had fashioned a stringent Miranda exclusionary doctrineÜone similar to that which applies when prosecutors compel testimony by use of immunity grantsÜpolice would have good reason to comply with the Miranda rules even absent a constitutional duty.
Medical Benefits of Cannabis: Treatment for Epilepsy and More. Can It Be Bad If It’s Natural? “Marijuana is natural, so how can it be harmful?” Lots of teens ask us this question, and it’s a good one—a great question, in fact. People often think that substances found in nature are automatically safer than chemicals that are made in a laboratory or a factory. It’s not that simple, unfortunately.
Lots of beneficial substances are human made (medicines, for example), and lots of harmful ones come straight from the earth. Tobacco is a great example. Like marijuana, tobacco is a plant whose leaves have been dried, crumbled, and smoked for thousands of years. It wasn’t until around the 1950s that modern medicine, armed with better science, established the truth about smoking tobacco—it can cause diseases like lung cancer and it is highly addictive.
Marketers of foods and other products use the “natural equals good for you” assumption all the time to manipulate people’s buying behavior. Is a “natural” way to hurt your brain any better than an unnatural one? Top 10 Pros and Cons. Legalization of Marijuana: Potential Impact on Youth. Experts Tell the Truth about Pot. Cost of Marijuana Prohibition: Economic Analysis. Marijuana: Facts about Cannabis. Marijuana is the slang term for portions of the Cannabis plant. It is one of the oldest psychoactive substances used by man. Marijuana, also called pot, weed, ganja, mary jane, and a host of other nicknames, is made from the Cannabis plant, which has three species: Cannabis sativa; Cannabis indica and Cannabis ruderalis. The flowering plant, which can grow to 16 feet (5 meters) high, likely originates in the Central Asian steppe, near the Altai or Tian Shian Mountains, and was first cultivated in China and India, according to "Cannabis and Cannabinoids: Pharmacology, Toxicology and Therapeutic Potential," (Routledge, 2002).
The leaves, stems, flower buds and extracts from the marijuana plant can be vaporized, eaten, brewed in a tea or put into a tincture. "Subjective effects really vary," Earleywine said. Medical marijuana advocates tout the drugs' ability to soothe nausea and increase appetite, quiet pain, soothe anxiety and even reduce epileptic seizures. Ancient history Industrial uses. The Actual Benefit of Medical Marijuana: What Does the Research Indicate? Here’s What Science Says About Medical Marijuana. There’s a big difference between anecdotal evidence and scientific proof, and the field of medical marijuana research is filled with more of the former than the latter—in part because marijuana is notoriously difficult to study because it’s classified as a schedule-1 drug.
Scientists led by Penny Whiting from University Hospitals Bristol in the U.K. report in JAMA that there is only moderate-quality evidence supporting the benefits of medical marijuana, and only for certain conditions. The majority of studies involving medical marijuana are of lesser quality and therefore more likely to be biased and provide unreliable results. MORE: Teens Don’t Smoke More Pot After Medical Marijuana Laws Passed, Study Finds In all, Whiting and her colleagues analyzed 79 randomized trials, the gold standard in medical research in which volunteers are randomly assigned to take a cannabis-related product or a placebo.
MORE: The Great Pot Experiment Matt Nager for TIME.