The Arizona V. Fulminante Case Essay

1769 words - 7 pages

The center of a circle can never be located with only one line running through the shape. There must be multiple lines, each one making it more clear where the center of the circle is. Analogously, the murderer of a case can never be indicted with only one piece of evidence pointing at them. There must be multiples indications, each one making it more clear who the murderer is. When Oreste Fulminante confessed to the first-degree murder of his stepdaughter, Jeneane Fulminante, the trial court used his confession as evidence to sentence him to death. However, since his confession was “coerced”, the Supreme Court decided to retry Fulminante’s case without the use of the “coerced” confession as evidence. Arizona v. Fulminante manifests an undeniably vital constitutional issue. Were his confessions coerced and, therefore, inadmissible as evidence (Appleby 119)? Did the trial court properly administer the totality of circumstances test, as well as the harmless error analysis (“Arizona v. Fulminante.” Oyez.org)? Fulminante’s compelled confession should be precluded from being used as evidence against him. If there was not enough evidence besides the confession, there was not enough evidence to convict him of first-degree murder. Using the confession as evidence against him was a violation of his right to due process of law and the Fifth and Fourteenth Amendments. Paramount to consider is the fact that the use of a forced confession is similar to the use of flawed information.
The Arizona v. Fulminante case encompassed an excessive amount of debate regarding the coerced confessions stated by Oreste Fulminante. When Fulminante reported his stepdaughter Jeneane Fulminante, to be missing on September 14, 1982, Jeneane’s dead body was located in the desert east of Mesa, Arizona, two days later. She had been shot twice in the head, but due to the decomposition of her body, it was impossible to tell if she had been sexually assaulted. Fulminante was questioned about Jeneane’s sudden death on several occasions. The police suspected Fulminante of changing his story, since they noted frequent inconsistencies. After becoming a prime suspect of the case, Fulminante left Arizona for New Jersey, where he was imprisoned for the possession of a firearm by a felon (“Arizona v. Fulminante”. Lawschool). When jailed at the Ray Brook Federal Correctional Institution in New York, Fulminante befriended Anthony Sarivola. Fulminante was soon to know that Sarivola was a former paid informant of the Federal Bureau of Investigation (“Arizona v. Fulminante Significance”). Fulminante’s cellmates displayed obvious threats of physical violence after the message permeated throughout the jail that Fulminante was a prime suspect of killing his stepdaughter. By offering Fulminante protection from his cellmates, Sarivola was able to compel him to reveal the truth about the murder of Jeneane. Sarivola requested, “You have to tell me about it, you know. I mean, in...

Find Another Essay On The Arizona v. Fulminante Case

Miranda v. Arizona case: How it changed law enforcement

1577 words - 6 pages The "Miranda rule," which makes a confession inadmissible in a criminal trial if the accused was not properly advised of his rights, has been so thoroughly integrated into the justice system that any child who watches television can recite the words: "You have the right to remain silent. Anything you say can and will be used against you in a court of law. You have the right to an attorney" Yet the 1966 Supreme Court ruling in Miranda v. Arizona

The Right to Appointed Counsel in Decisions of the United States Supreme Court prior to Miranda v. Arizona (1966)

1804 words - 7 pages The right to appointed counsel in decisions of the United States Supreme Court prior to Miranda v. Arizona (1966) From the Judiciary Act to incorporation doctrine In the landmark decision Miranda v. Arizona (1966) the US Supreme Court stated in the name of Chief Justice Earl Warren that “…He [accused] has the right to the presence of an attorney, and that if he cannot afford an attorney one will be appointed for him prior to any questioning

Furman v. Georgia: The Death Penalty Case

2166 words - 9 pages Death penalty, or also known as capital punishment, today is still used. Many oppose many support it. In the case Furman v. Georgia, the death penalty was abolished. But not fully, because it is still used today. In 1991 more than 2,600 people awaited execution but only fourteen were executed. Capital punishment should be legal, and should be used more often. In the case Furman v. Georgia, Furman committed crimes, not because he wanted to, but

The Case of Marbury v. Madison

1154 words - 5 pages The case of Marbury v. Madison centers on a case brought before the Supreme Court by William Marbury. Shortly after Thomas Jefferson defeated John Adams in the election of 1800, Congress increased the number of circuit courts. Adams sought to fill these new vacancies with people who had Federalist backgrounds. To accomplish this, he used the powers granted under the Organic Act to issue appointments to 42 justices of the peace and 16 circuit

The case of Mitchell v. Wisconsin

2986 words - 12 pages generally been interpreted to protect the thoughts, as well as thespeech, of an individual (Cacas, 338). According to the Court'smajority opinion in Wooley v. Maynard, a 1977 case, "At the heart ofthe First Amendment is the notion that an individual should be free tobelieve as he will, and that in a free society one's beliefs should beshaped by his mind and his conscience rather than coerced by thestate."Another componet of Mitchell's First

Furman v. Georgia: The Death Penalty Case

1039 words - 5 pages "the death penalty served to discourage [or deter] crime and also satisfied the public's moral outrage when terrible crimes were committed,” (Supreme Court Cases: Furman v. Georgia).” The state of Georgia also had to submit an argument before the case. They tried to have a wide-ranged argument because they had no clue of what Mayfield’s argument would be. They would argue that the death penalty was constitutional, and that it was not cruel and

The Sebelius v. Hobby Lobby Case

734 words - 3 pages Hobby Lobby Case The Sebelius v. Hobby Lobby case was heard by the U.S. Supreme Court in November of 2013. The founders of Hobby Lobby set their own Biblical standards for their corporation, and they believe that their First Amendment rights are being tested by going against their religious freedoms. They decided to file a law suit against the Obama administration’s Affordable Care Act because it went against their religion. Through the

Abortion: The Case of Rove v. Wade

1180 words - 5 pages It’s been a major social issue since the 1970’s and the case of Roe v. Wade. Over the years, abortion has been argued from both standpoints, for the unborn babies and against the denying of women’s rights to control their own bodies. Though some say it should be legal, the act of abortion should be illegal because the process can be considered murder, people take advantage of the option and abuse the system, and it can be a health risk to a

Riggs V. Palmer Critaically Evalute The Legal Case Of Riggs V. Palmer

950 words - 4 pages In the case of Riggs v. Palmer, the issue at hand is whether or not Elmer Palmer, a man who purposely poisoned his grandfather, should be allowed to collect his inheritance. It is the responsibility of Mr. Palmer's lawyer to give sound legal advice so that he may make a decision, on his own, as to whether or not he wishes to fight for his inheritance. In order for our legal system to be upheld, and as immoral as it may seem, Mr. Palmer must

Analysis of the Brown v Board of Education Case

3216 words - 13 pages It is imperative to note that the case of Brown v Board of Education is based on a chronological history of the fight towards realization of human rights in the United States. This essay shall begin by discussing the history chronologically and accessing it whilst the essay goes along. It is clear that even though the United States constitution guaranteed equal rights to all men, the issue of slavery prevailed under violation of other human

The Brown v. Board of Education Court Case

1389 words - 6 pages The Brown v. Board of Education Court Case served as a highlighted issue in black history. Brown v. Board help different races comes together in public schools. This case became very big 1950s lots of attention was drawn to the case at that time. News reporter and critics had different views and opinions about this case. This case in 1954 causes lots of issues and views towards the black race. The quote “separate but equal” is vital due to

Similar Essays

The Case Of Arizona V. Hicks Of 1986

912 words - 4 pages The case of Arizona v. Hicks took place in 1986; the case was decided in 1987. It began on April 18th 1984, with a bullet that was shot through the floor in Hick’s apartment; it had injured a man in the room below him. An investigation took place. Officers were called to the scene. They entered Mr. Hicks’ apartment and discovered three weapons and a black stocking mask. The officers began to search the apartment without a warrant. As the

The Fifth Amendment And Miranda V. Arizona

1918 words - 8 pages all the crimes. The police then used Miranda’s confession to convict him in court. While in prison Miranda appealed his case and eventually brought it to the Supreme Court. The court ruled five to four in favor of Miranda. The Supreme Court was correct in their ruling of Miranda v. Arizona, because the majority opinion correctly argued the fifth and sixth amendments. The dissenting opinion arguments regarding the fifth and sixth amendments were

The Fifth Amendment And Miranda V. Arizona

1781 words - 8 pages all the crimes. The police then used Miranda’s confession to convict him in court. While in prison Miranda appealed his case and eventually brought it to the Supreme Court. The court ruled five to four in favor of Miranda. The Supreme Court was correct in their ruling of Miranda v. Arizona, because the majority opinion correctly argued the fifth and sixth amendments. The dissenting opinion arguments regarding the fifth and sixth amendments were

The Case, Miranda Vs. Arizona Essay

810 words - 3 pages -1-Of all the cases in the Supreme Court there seem to be some that just more people seem to talk about as having a big part in American history. One of these court cases I feel would have to be the Miranda v. Arizona, 384 U.S. 436.Ernesto Arthur Miranda was arrested in his home of Phoenix, Arizona in the year 1966. He was accused of kidnaping and raping a Phoenix, Arizona, woman. Apparently when he was arrested he had not read his rights given