M5A2 Module 5 Discussion 1
A defendant must get notified of his/her Miranda rights by government officials when under custody and being subjected to an interrogation. Under Miranda, America’s Supreme declared a clause to protect against coercive and compulsive nature and atmosphere of interrogations done in custody by cops, assuring that the person’s right to select between silence and speech stands unrestrained in the whole interrogation process. Miranda states that government officials should inform suspect(s) of their liberty to stay silent and that what they alter or State may be used against them in the rule of law. Also, government officials are needed to inform the suspects of their right to a lawyer, and that in case they are unable to pay an attorney, one will be appointed for them. For Miranda purposes, custody includes not only a formal arrest but also a restraint on the right/freedom of movement which related to the legal arrest.
Further, Miranda is applied if a person in custody becomes subjected to express questioning or its functional equivalent. Under Miranda, “interrogation” refers to not only expressing questioning but to also any words or actions on the cops part, that the cops should know are reasonably likely to spark an incriminating suspect’s response. For example, Joan is arrested, and the police do not read his Miranda rights. He gets questioned of drug trafficking. Unaware of his right to stay silent, John confesses to having committed the crime and informs the police that he buries the drugs in his backyard. Using John’s information, the cops dig the drugs. If John’s lawyer challenges this confession in a court, the judge(s) will find it illegal.
M5A3 Module 5 Discussion 2
In the Strickland vs. Washington, the Supreme Court held that: counsel’s performance must be deficient and that the deficient performance must have prejudiced the defence to deprive the defendant of a fair trial. In this case, the question was “what standard should be applied to determine if a convicted person’s 6th Amendment right to counsel has been violated to require reversal of a conviction or to set aside a death sentence”? The Court ruled that in proving deficient performance, the defendant must show that counsel’s representation lagged below an “objective standard of reasonableness”. Also, the Court held that to prove prejudice; the defendant must prove that there is a “reasonable probability” that, but for counsel’s unprofessional errors, the result would have been different. In this case, the counsel of Mr. Washington was not unreasonable. Additionally, the Court held that even if counsel shown unreasonableness, his/her conduct did not cause sufficient prejudice to Mr Washington to warrant setting aside his death sentence. Thus, Justice William J. viewed the death sentence as per se cruel and unusual punishment in violation of the 8th Amendment.
A criminal defendant needs to frame his argument to use as a claim ineffective assistance of counsel. For example, Mr Z pleads guilty of 1st-degree murder in a court of law. In sentencing, his counsel failed to either request psychiatric assessment or reach out character witness. Subsequently, the state court sentences Mr Z to death after failing to find any mitigating circumstances to rule in his favour. On appeal, Mr Z would be justified to file a claim against his counsel for ineffective assistance.
M5A4 Module 5 Discussion 3
Before 1923, capital punishment in Florida was executed by the country, instead of the State. Today, the death penalty is lawful in Florida. When Florida placed execution under State control, the execution methods were changed to electrocution from hanging. Since 1976, there have been 99 cases of convicted murderers in the Florida State. As in 4th Feb 2020, there were three hundred and forty offenders awaiting execution in Florida. However, the proportionality requirement is considered when convicting individuals of crime before execution. In Coker v. Georgia case, the Supreme Court held that a penalty must be proportional to the crime; otherwise, the punishment violates the 8th Amendment’s prohibition against unusual or cruel punishments.
Today, Florida State has tightened capital punishment laws to require unanimous jury recommendation before judges may impose capital punishment. Of late, the State has been trying to restart its capital punishment process. Thus, there is clarity of statutory rights on how capital punishment should be applied in Florida. Also, in Florida State laws, there is no minimum age for the death penalty. Most capital punishments are imposed on capital drug traffickers and other serious crimes. However, if the defendant was incapacitated (either pregnant or insane for the duration of condition), this is exempt from the death penalty. In 2016, the U.S. Supreme Court on death sentence law, arguing that it unconstitutionally allowed judges to establish the factors which could amount to capital punishment, rather than juries.