Preview

Arizona vs Miranda

Satisfactory Essays
Open Document
Open Document
299 Words
Grammar
Grammar
Plagiarism
Plagiarism
Writing
Writing
Score
Score
Arizona vs Miranda
Brief Case
Miranda v. Arizona
Early in 1963, a 17 years old woman was kidnapped and raped in Phoenix, Arizona. The police investigated the case, and soon found and arrested a poor, and mentally disturbed man. The name of this man was Ernesto Miranda. Miranda was 23 years old when he was arrested. On March 13, 1963, Miranda was arrested based on circumstantial evidence linking him to the kidnapping and the rape. After 2 police officers interrogated him for 2 hours, he signed a confession to the rape charge. The form he signed included the following statement:
“I do hereby swear that I make this statement voluntarily and of my own free will, with no threats, coercion, or promises of immunity, and with full knowledge of my legal rights, understanding any statement I make may be used against me.”
Miranda was not given a full and effective warning of his rights. He was not told of his right to remain silent and his right to counsel. Miranda was found guilty of kidnaping and rape and was sentenced to 20-30 years imprisonment on each count. During the prosecution, Miranda’s court-appointed lawyer, Alvin Moore, objected that because of these facts, the confession was not truly voluntary and should be excluded. In the end of 1966, The Supreme Court, in a 5-4 decision written by Chief Justice Earl Warren, ruled that the prosecution could not introduce Miranda's confession as evidence in a criminal trial because the police had failed to first informs Miranda of his right to an attorney and against self-incrimination. The Supreme Court of Arizona detailed the principles governing police interrogation. Arizona ruled that detained criminal suspects, prior to police questioning, must be informed of their constitutional right to an attorney and against self-incrimination.

You May Also Find These Documents Helpful

  • Good Essays

    Miranda V. Arizona

    • 649 Words
    • 3 Pages

    The case of Miranda v. Arizona dealt with the question, “Does the police practice of interrogating individuals without notifying them of their right to counsel and their protection against self-incrimination violate the Fifth Amendment?” This case started in 1963, when Ernesto Miranda was arrested in Phoenix, Arizona for robbing $8 from a bank worker, and was charged with armed robbery. He already had a record for armed robbery, and a juvenile record including attempted rape, assault, and burglary. While Miranda was in police custody, he signed a written confession to the robbery, and also to kidnapping and raping an 18-year-old woman 11 days before the robbery. After being convicted, Miranda’s lawyer appealed; on the basis that the defendant did not know he was protected from self-incrimination and therefore did not have to confess to his crimes.…

    • 649 Words
    • 3 Pages
    Good Essays
  • Good Essays

    The Fifth Amendment which in 1934 the “which protects a defendant from being compelled to be a witness against themselves” (Wright, 2013). The self-incrimination portion of the Fifth Amendment was tested case of Miranda v. Arizona. This is the same case that leads to the Miranda Warning. The Miranda warning is an “explanation of rights that must be given before any custodial interrogation” so that self-incrimination will not be a factor. No person can be compelled to openly admit to a crime. They cannot try to pry information out of someone if they have not been read their rights or if they ask for their attorney. It is a different story though is someone just starts rambling on when they are not asked. “Suspects can reinitiate an interrogation by coming forward and indicating to police they wish to talk and are willing to waive their Miranda rights. If there is a break in detention, the police may reinitiate the interrogation after fourteen days” (Wright, 2013).…

    • 1221 Words
    • 5 Pages
    Good Essays
  • Better Essays

    On March 13, 1963, eight dollars in cash was stolen from a Phoenix, Arizona bank worker, Police suspected and arrested Ernesto Miranda for committing the theft. Eleven days earlier, an 18- year old woman was kidnapped and raped in Phoenix, Arizona. The police investigated the case but didn't have any leads as to a suspect. During two hours of questioning Ernesto Miranda on the theft charge, without never being offered a lawyer, he confessed not only to the eight dollars theft, but also to kidnapping and raping an eighteen year old woman eleven days earlier. The police arrested the poor, and mentally disturbed man. This case would become well known in American constitutional studies. Miranda was 23 years old when he was arrested. By confessing to the crime, Miranda was convicted for kidnapping and rape and sentenced to twenty years in prison.…

    • 1557 Words
    • 5 Pages
    Better Essays
  • Good Essays

    Miranda Vs Arizona Essay

    • 792 Words
    • 4 Pages

    Miranda, however recanted the confession later. At the time, the suspect was not aware that he did not have to say anything to the police. The suspect was convicted and he subsequently appealed that his confession were false and coerced. This case established the guidelines of how suspects are informed of their constitutional rights. These rights require the police to inform suspects that they are not required to answer police questions. These rights are based on the understanding that the police have a burden to prove the suspect is guilty and the burden is not on the suspect to prove his innocence. Miranda rights inform the suspect that hey don not have to say anything and that it is their constitutional right to be represented by an attorney or remain silent. This cases ended the courts struggle with the concept of voluntariness and replaced it with more clear…

    • 792 Words
    • 4 Pages
    Good Essays
  • Good Essays

    Miranda Vs Arizona Essay

    • 441 Words
    • 2 Pages

    In the Supreme Court, case Miranda v. Arizona involved an individual by the name of Ernesto Miranda and the state of Arizona. Ernesto Miranda who was accused of kidnapping and raping women was arrested by police and questioned for about two hours until policed obtain a written statement confession to the crimes (Miranda v. Arizona). In trial, the police officers admitted they did not notifying Miranda of his right to have an attorney present when being questioned about the chargers; however, Miranda was convicted by the Arizona state court and sentenced to prison. Miranda’s attorney appealed the conviction to the Supreme Court of Arizona, but the court upheld the state’s decision stating that “Miranda’s constitutional rights were not violated because he did not specifically request counsel” (Miranda v. Arizona).…

    • 441 Words
    • 2 Pages
    Good Essays
  • Satisfactory Essays

    Miranda Vs. Arizona

    • 93 Words
    • 1 Page

    Does Miranda vs. Arizona ensure justice and preserve liberty? I believe it does. This even took place during the 1960s.The case in involve statements that were obtained for police from an individual that was arrest. Ernesto Miranda a Mexican immigrant, whom was not aware of his rights, was arrested without his Fifth Amendment given. He was accused of kidnapping and raping a woman. He was interrogated, without formal agreement to do so. Miranda was sentenced to 20 to 30 years in jail. When in court his attorney appealed to the Arizona Supreme Court.…

    • 93 Words
    • 1 Page
    Satisfactory Essays
  • Satisfactory Essays

    In the Escobedo case the defendant was found guilty after admitting to the crime. Escobedo asked for a lawyer on several occasions and officers denied allowing him to speak to his lawyer and prevent his lawyer form speaking to him. Following this case the states required police to advise individuals who have been arrest for a felony that they have the right to counsel and silence. Following the Escobedo case the Supreme Court reversed an Arizona court conviction know as the Miranda v. Arizona case. The Miranda v. Arizona case was a case of a 23-year-old man who was arrested for kidnapping and rape. Officers arrested Miranda and transported him to the police station for questioning on the kidnapping and rape and after two hours of questioning…

    • 163 Words
    • 1 Page
    Satisfactory Essays
  • Better Essays

    Ernesto did not complete the ninth grade and he had a history of mental instability. He also had a prior record which means he was not a stranger to the criminal justice system. In this case Miranda vs. Arizona the facts are Miranda was arrested and taken into custody and was identified in line-up by a witness accusing him of kidnapping and raping a woman. He was interrogated by two officers for two hours which lead in to a written and signed confession about the crime. No counsel was present nor was one offered during the interrogation phase.…

    • 1525 Words
    • 7 Pages
    Better Essays
  • Good Essays

    While in custody, Miranda was interrogated by police for hours until he signed a written confession. Not once during the interrogation was Miranda informed of his rights to counsel or to remain silent. During the trial his court appointed attorney objected to the admission of the statement on the grounds that Miranda was not informed of his rights. Given the amount of evidence, including the confession itself, the court overruled the objection. After being found guilty and sentenced to 20-30 years in prison for his crimes, Miranda appealed to the Arizona Supreme Court. Due to the fact that Miranda failed to specifically request an attorney, the Arizona Supreme Court upheld the trial court’s decision. The case was then forwarded to the Supreme Court along with Westover v. United States, Vignera v. New York, and California v.…

    • 2261 Words
    • 10 Pages
    Good Essays
  • Good Essays

    A suspect, Ernesto Miranda, was arrested on mostly circumstantial evidence for the kidnapping and rape of an 18 year old female. During the interrogation by the police Miranda confessed to the kidnapping and rape of the female. He also signed a paper that said…

    • 806 Words
    • 4 Pages
    Good Essays
  • Good Essays

    Substantive Facts: Respondent was arrested on the night of January 12, 1975 for the robbery of Providence cab driver John Mulvaney, which lead to his murder. Mulvaney was shot in the head with a sawed-off shotgun, however no weapon was found present on the respondent at the time of his arrest. Upon the respondents’ arrest, respondent was informed of his Miranda rights by three police officers, to which he explained he understood those rights and wanted to speak with a lawyer. Officers then placed the respondent in the rear of a squad car containing the three aforementioned officers, one of which was seated in the rear with the defendant. Once en route to the police station, the officers began…

    • 832 Words
    • 4 Pages
    Good Essays
  • Good Essays

    By custodial interrogation, we mean questioning initiated by law enforcement officers after a person has been taken into custody or otherwise deprived of his freedom of action in any significant way.” The Court also held that “without proper safeguards, the process of in-custody interrogation of persons suspected or accused of crime contains inherently compelling pressures which work to undermine the individual’s will to resist and to compel him to speak where he would otherwise do so freely.” Therefore, a defendant “must be warned prior to any questioning that he has the right to remain silent, that anything he says can be used against him in a court of law, that he 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 if he so desires.” As those reasons, the Supreme Court reversed the judgment of the Supreme Court of Arizona in Miranda, reversed the judgment of the New York Court of Appeals in Vignera, reversed the judgment of the Court of Appeals for the Ninth Circuit in Westover, and affirmed the judgment of the Supreme Court of California in Stewart.…

    • 875 Words
    • 4 Pages
    Good Essays
  • Powerful Essays

    Miranda Warnings

    • 1790 Words
    • 8 Pages

    “You are going to prison”, is the statement Ernesto Miranda probably heard as he was arrested by police from the comfort of his home, in 1963, without warning or being advised of his Fifth Amendment rights. Miranda, 22 years old, was charged with raping an 18-year-old female. Subsequently, he was brought to a police department station where he was placed into an interrogation room isolated from everyone. After two grueling hours of questioning; Miranda was feeling dazed, confused and exhausted, Miranda felt forced to sign a confession statement given to him by detective claiming that Miranda did so without duress. Further stating, “Ernesto fully comprehended the charges made against him”. A technique not uncommon during…

    • 1790 Words
    • 8 Pages
    Powerful Essays
  • Better Essays

    In the Miranda vs Arizona case Miranda established that the police are required to inform arrested persons that they have the right to remain silent, that anything they say may be used against them, and that they have the right to an attorney. The case involved a claim by the plaintiff that the state of Arizona, by obtaining a confession from him without having informed him of his right to have a lawyer present, had violated his rights under the Fifth Amendment regarding self incrimination. Miranda was arrested for kidnap and rape and was interrogated for a long period of time. This interrogation resulted in a signed confession. At court Miranda lawyer argued that the confession was obtained from a person who does not understand their rights. The court agreed that a person should be informed of their rights and understand them before the police…

    • 1503 Words
    • 7 Pages
    Better Essays
  • Powerful Essays

    Miranda vs. Arizona

    • 2098 Words
    • 6 Pages

    Mіrаndа vs. Arizona was а case that consіdеrеd the rights of the dеfеndаnts in criminal cases in regards to the power of the government. Indіvіduаl rights did not change with the Mіrаndа decision; however it created new constitutional guidelines for law enforcement, attorneys, and the courts. The guidelines ensure that the individual rights of the fifth, sixth and the fourteenth amendment are protected. This decision requires that unless а suspect in custody has been informed of his constitutional rights before questioning anything he says may not be introduced in а court of law (Mіrаndа v. Arizona, 1966). The decision requires law enforcement officers to follow а code of conduct when arresting suspects. After an arrest is made, before they may begin questioning they must first advise the suspect of their rights, and make sure that the suspect understands them.…

    • 2098 Words
    • 6 Pages
    Powerful Essays