DAVID OLSON BLOG


Category: General Legal Advice


JAN. 7 2016
Understanding Your Miranda Rights
Understanding Your Miranda Rights
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The terms Miranda, Miranda Rights and Marandized originate from one of the most important United States Supreme Court cases ever decided, Miranda v. Arizona. Because of the results of Miranda, suspects in custody must be advised of their right against self-incrimination. As well, amongst other things, Miranda also ensures the individual’s right to legal counsel during questioning.

 

Miranda v. Arizona – Basic Facts

 

On March 18, 1963, Ernesto Miranda was arrested at his home on rape charges. He was taken to a Phoenix police station and interrogated by police.

 

  • At no point prior

JAN. 4 2016
The Principle of Reasonable Doubt and the Presumption of Innocence
The Principle of Reasonable Doubt and the Presumption of Innocence

One of the most important legal principles of the criminal justice system in the United States is known as the “presumption of innocence.” This means that every defendant – every individual who is arrested and charged with a criminal offense – is presumed innocent until and unless proven guilty in a court of law.

 

Whether a case is tried in state or federal court, the prosecution must prove that the defendant is guilty beyond a reasonable doubt. The duty is upon the prosecution to prove the defendant’s guilt, not upon the accused to prove his or her innocence.

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