StudentShare
Contact Us
Sign In / Sign Up for FREE
Search
Go to advanced search...
Free

Pennsylvania vs. Muniz - Case Study Example

Cite this document
Summary
In the essay “Pennsylvania vs. Muniz” the author discusses self –incrimination, which is the act by an individual of furnishing testimony or evidence that they may be used in a legal proceeding to implicate that same individual for violating the law…
Download full paper File format: .doc, available for editing
GRAB THE BEST PAPER91.6% of users find it useful
Pennsylvania vs. Muniz
Read Text Preview

Extract of sample "Pennsylvania vs. Muniz"

Miranda v. Arizona in the US Supreme Court held that unless a criminal suspect is informed of the right to counsel and the right against self-incrimination during the police interrogation, the evidence so obtained may not be used to prosecute the suspect. In the case of Inocencio Muniz, a drunk-driven suspect was asked to perform the 3 standard field sobriety tests in order to know the mental state of the suspect and not merely for testimonial purposes. The tests were namely horizontal nystagmus test, walk and turn test, and one-leg stand test.

While performing the tests stated above, the patrol officer, the one who spotted Muniz on the roadside, asked him few questions such as Muniz's name, address, height, weight, eye color, date of birth. These questions were not intended to elicit information for investigatory purposes but it focuses primarily upon the perspective of the suspect and therefore not incriminating. After giving Muniz the various tasked, which he poorly performed, finally, the patrol officer asked Muniz to submit himself for the breathalyzer test which is designed to measure the alcohol content of his expelled breath, Which is under the Commonwealth's Implied Consent Law.

The result of this breathalyzer test will be used as real or physical evidence. The implied consent concept refers to the idea that when you get your driver's license, you agree that if you are ever arrested for suspicion of driving under the influence (DUI/DWI) of drugs or alcohol, you will submit to a blood, breath, or urine test (depending on availability and whether the suspected chemical was drugs or alcohol). Your agreement to this arrangement was implicit upon getting your license; thus, implied consent.

While implied consent laws vary by state, your implied consent applies to the state in which you were arrested, not the state where you got your license. That is if you have a license in a state with no implied consent laws, and you are arrested in a state that does have implied consent laws, you are subject to that state's implied consent laws. With the testimony of the arresting officer that Muniz failed in performing the 3 standard field sobriety tests, Muniz was then convicted of driving under the influence of alcohol in violation of 75 Pa Cons. Stat. In connection to the above statement, the Miranda right of the suspect was not violated and so it was proven that he was guilty.

Read More
Cite this document
  • APA
  • MLA
  • CHICAGO
(Pennsylvania vs. Muniz Case Study Example | Topics and Well Written Essays - 250 words, n.d.)
Pennsylvania vs. Muniz Case Study Example | Topics and Well Written Essays - 250 words. https://studentshare.org/law/1533171-law-court
(Pennsylvania Vs. Muniz Case Study Example | Topics and Well Written Essays - 250 Words)
Pennsylvania Vs. Muniz Case Study Example | Topics and Well Written Essays - 250 Words. https://studentshare.org/law/1533171-law-court.
“Pennsylvania Vs. Muniz Case Study Example | Topics and Well Written Essays - 250 Words”. https://studentshare.org/law/1533171-law-court.
  • Cited: 0 times

CHECK THESE SAMPLES OF Pennsylvania vs. Muniz

Employee Relations Law

This literature review "Employee Relations Law" discusses professionalism as an important aspect in most corporate companies today.... Adherence to ethics plays a major role in the development of professionalism.... Some of the professional attributes can lead to corruption and bribery among other vices....
12 Pages (3000 words) Literature review

Do you know who Paul Robeson is

Name: Course: Instructor: Date: Do you know who Paul Robeson is?... Paul Robeson is arguably one of the best remembered African Americans who lived during the 20th century.... Robeson was a multi-career man who gained fame due to his activism and political radicalism during the civil rights movement (Wright 46)....
5 Pages (1250 words) Assignment

Cognitive Behavioral Therapy

This study aims to test if Cognitive Behavioral Therapy (CBT) will be effective in helping women to deal with post partum depression (PPS) and attachment with their newborn infants.... … Cognitive Behavioral Therapy As an Intervention for New Mothers' Postpartum Depression and Difficulties with Attachment to Their Newborns....
19 Pages (4750 words) Research Proposal

History of Psychiatric Treatment in the United States

This resulted in the building of pennsylvania mental infirmity hospital by Doctor Thomas Bond in 1751 as an effort to disconnect these people according to the type of the disability (Niles, 2010).... History of Psychiatric Treatment in United States Name Instructor Task Date The history of psychiatric management in the US is exceptionally vital to mental health caregivers....
6 Pages (1500 words) Essay

Norse Religion and Mythology

The Norse mythology is part of the wider Germanic Mythology and it flourished before the Scandinavian countries were Christianized.... This mythology refers to the legends, beliefs and myths of the Norse Pagans' supernatural beings.... … The Norse mythology is part of the wider Germanic Mythology and it flourished before the Scandinavian countries were Christianized....
5 Pages (1250 words) Research Paper

This History of Pennsylvania

NAME: UNIVERSITY: COURSE: THE HISTORY OF pennsylvania The history of pennsylvania is much diversified as compared to any other American involvement; it particularly represents the image of a place that is as a result of various cultures amalgamated together that result in a complex structure.... pennsylvania has always experience different cultures and settlements that had drastic impacts on the society.... Initially before the Europeans started to exploit America, pennsylvania was homeland of the American Indians like the rest of the region....
5 Pages (1250 words) Term Paper

The King Tut Exhibit

An author of this essay "The King Tut Exhibit" aims to discuss the initial discovery of the King Tut's tomb.... Moreover, the writer analyzes the findings from an archaeological point of view.... Finally, the essay describes the current exhibition of the cite.... hellip; The name King Tut has instant recognition in today's world....
6 Pages (1500 words) Essay

Case study for client with bipolar disorder mental health assessment

Thirty nine years old Sarah has approached the emergency department wishing to be assessed for her mental health having been troubled by mood swings from highs to lows for the past five years (Bipolar Disorder, 2005, p.... 3).... Episodes of mania and depression have been troubling… Her husband has been bearing the brunt of the difficulties associated with her erratic behavior and is now again putting up with it for the recent three months....
7 Pages (1750 words) Case Study
sponsored ads
We use cookies to create the best experience for you. Keep on browsing if you are OK with that, or find out how to manage cookies.
Contact Us