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n200080 [17]
3 years ago
12

1.) If I Can’t Have You. Bertha shot and killed her husband and his lover after discovering them having $exxxx in his car. When

an officer came to her house to inform Bertha that her husband had been shot, Bertha broke down and admitted she did it. She also admitted that she had purchased a gun illegally because she suspected her husband of cheating. This confession took place before the officer read Bertha her Miranda rights, although when he went to the house the officer has suspected Bertha. Bertha was convicted of manslaughter because her confession was suppressed. Answer the following questions:
a. You are the trial judge at the sentencing hearing. If you wish, you can rely on the suppressed confession for a sentence enhancement, in effect imposing the same sentence Bertha would have received for second-degree murder. Should you do so? Why or why not?
b. If you were on the appellate court reviewing Bertha’s sentence imposed as described in (a), would you rule that this sentence is fair?
Law
2 answers:
antiseptic1488 [7]3 years ago
6 0

Answer:

no it's not fair it's not good

weeeeeb [17]3 years ago
3 0

Answer:

There is no right or wrong answer - the question asks about the importance of Miranda Rights and your understandings of them.

Explanation:

a. Depending on the states, second-degree murder usually has a different set of sentencing guidelines from those for manslaughter. So the trial judge may be bounded in the sentencing hearing. Even if the guidelines are the same, the judge would be wise to impose sentence based on the case as presented; which did not included the suppressed confession. If the sentence is based on the confession, the case will be likely be reviewed and may even be over-turned by the appellate court. Judges do not like when their cases get over-turned.

b. It will depend on what the sentencing judge did in (a).

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I can try my best here.

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Hopefully this helped and if it did not then I'm sorry...

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Iteru [2.4K]
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How can people ensure that governments do not restrict their rights and freedoms?
riadik2000 [5.3K]

Answer:

Some ways people can ensure that their rights are not restricted by the government include;

1. Active participation in political activities such as voting.

2. Preventing the formation of a one-party system.

3. Defending institutions like the courts against governmental intimidation.

4. Peaceful protests when their rights are breached.

5. Holding lawmakers, and representatives accountable when important decisions are to be made.

6. Patriotism and incorruptibleness in their individual positions.

Explanation:

Some governments that were instituted for the people turn against their citizens and restrict their rights. There are several ways in which citizens can prevent the government from restricting their rights. Some of them include;

1. Active participation in political activities: This will make the will of the people to be reflected in the daily activities of the government.

2. Preventing the formation of a one-party system: Most tyrannical governments begin by silencing the voice of their opposition thus making them the only existing and controlling party.

3. Defending institutions like the courts: Tyrannical governments sometimes intimidate or bribe judges to execute their will. The judges and citizens must resist all such efforts.

4. Peaceful protests: When their rights are breached, citizens should use legal measures or peaceful protests to register their displeasure.

5. Holding representatives accountable: When lawmakers pass bills that are not suitable for the people, their ward members should resist such moves.

6. Patriotism and incorruptibleness: Tyrannical governments thrive in corrupt societies. Citizens must be patriotic and incorruptible at every level that they find themselves.

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True
Idk what else to say so there you go
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