Tag Archive for the 'miranda rights' Tag

The Irony of Control Freaks

Posted by Donna on September 21, 2009 at 4:53 pm
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By now, everyone knows of the sad end to the search for Annie Le.  Her body was discovered earlier this week in the walls of a Yale campus research building.  Many hoped her disappearance would lead to her safe return to her family and fiancé.  The 24 year old went missing a week ago,  and less than seven days before her wedding was to take place.

An arrest was made on Wednesday.  Raymond Clark, III, a custodian on Yale’s payroll, has been charged with murder.  Unlike other well-publicized American homicide cases, the authorities involved with this case have remained tight-lipped.  In a peculiar statement that was released by police that reads, in part, “…charges will be filed against anyone whose DNA matches evidence found at the crime scene”, it almost appears as though there might be other persons of interest.  Still, these same authorities insist they’re nearly certain Clark is the only suspect.

The irony is that Clark is described as a control freak who complained to the victim that he didn’t like the way she handled the lab mice.  His duties included cleaning cages and other custodial work.  In an email that hasn’t been released, it’s said Le apologized and assured Clark she would take his complaints into consideration.  If he’s found guilty, his control issues will only serve as a hindrance as he attempts to adjust to life in prison.  He didn’t enter a plea during his arraignment in Connecticut on Thursday and only replied when the judge asked him if he understood his Miranda rights.  He remains in jail on a $3 million dollar bond and will most likely remain there since he doesn’t have the financial resources to meet the obligations of posting bail.

The police chief in this case stated this case had little to do with university crime, domestic crime or urban crime, but rather it’s a clear cut example of workplace violence.  He then goes on to say it’s a growing concern in this country.

Just as Le had a fiancé who now must pick up the pieces, Clark too has left behind a stunned fiancé who surely must be trying to figure out how someone she loves could be accused of such a heinous crime.


You Have the Right to Speak to an Attorney

Posted by Donna on June 3, 2009 at 5:54 pm

This week marks an especially significant time in the American justice system. Because of one man who couldn’t afford an attorney after being charged with burglary, the entire legal landscape was changed

Clarence Gideon

Clarence Gideon

forever.  Clarence Gideon was arrested on June 3, 1961 and was charged with burglarizing a pool room in Florida.  He wasn’t allowed allowed legal counsel for his very brief trial, even though he’d asked for one.  At that time, there were no rights for the accused and they weren’t allowed the benefit of a lawyer during any questioning or subsequent trials if they couldn’t pay for his services.

Gideon insisted he was innocent in his efforts to defend himself, but was still found guilty.  After arriving in prison, he handwrote his own appeal using a prison pencil and a pad of paper.  In his appeal, he spelled his reasons why he was entitled by the constitution to legal representation.  He certainly shook things up because an appeals court felt his appeal had merit.   His appeal also caught the attention of Abe Fortas, a well known and respected lawyer who eventually became a Supreme Court justice.  The two paired up and took the case all the way to the top.  The Supreme Court agreed that a fair trial couldn’t exist if the accused wasn’t allowed proper representation, despite his financial standing.  It said every defendant was entitled to assistance in presenting his case.  Gideon v. Wainwright became a historical case and as a result, the Miranda rights were written and are now a part of every arrest in this country.

Later, Gideon, with the help of an attorney, was retried and acquitted of the burglary.  Clearly, this case marked a turning point in the legalities our justice system.  Hollywood agreed.  If you’re interested, you should see the movie made in 1980 that starred Henry Fonda.  Gideon’s Trumpet was nominated for several awards that year and is well worth seeing.



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