Criminal Law and Police Administration

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ELEMENTS OF CRIMINOLOGY, CRIMINAL LAW AND POLICE ADMINISTRATION PROJECT A Project Report CONTENTS Table & Contents List of Table and Figures Preface 1. Introduction 1.1 Law 1 1.2 United States constitution 2 2. Miranda Rights 2.1 Definition 3 2.2 History 3 2.3 The lines and its interpretation 4 2.4 Exceptions to Miranda Rights 5 2.5 Waiver 6 2.6 Violation 8 2.7 Consequences 8 References LIST OF FIGURES 1.1 1 1.2 3 2.1 Table 2.1 PREFACE The constitution of any country is the most important law which regulates all the activities of the citizens.

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In this project, we will look at the Fifth Amendment of the US constitution which includes the Miranda Rights. The matter looked into is the definition, the lines of the Miranda Rights, exceptions, waiver rule, consequences and violation of Miranda Rights. A brief description has also been given on ‘What is law?’ and the United States Constitution. This project has been made solely by the two authors with the help of few reference guidelines. The aim of this report is to help educate the reader about the need and importance of Miranda Rights. Introduction to law Law is a set of rules that governs the functioning of a society or country by regulating the action of its members. This applies to every citizen. According to Thomas Hobbes, law is a type of glue that holds all diverse societies together. Definition of ‘law’ by different systems of society:

  1. Legal Positivism
  • John Austin – “Province of Jurisprudence Determined”

“A rule laid down for the guidance of an intelligent being by an intelligent being having power over him.”

  • Professor Hart -“The Concept of Law” (1961)

“Law is a system of rules, a union of primary and secondary rules.”

  1. Marxist theory- they believe that law is a tool of oppression used by capitalists to control the people.
  1. Natural Law.
  • Plato and Aristotle
    • “An embodiment of Reason, whether in the individual or the community’’.
  • Max Weber (German Sociologist):

“Law…exist if it is externally guaranteed by the probability of coercion (physical or psychological) to bring about conformity or avenge violation, and is applied by a staff of people holding themselves specially ready for that purpose.” United States Constitution: Introduction The Constitution is the most important and highest law in United States. All laws are stated in the Constitution. Each state has its own constitution.

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