Miranda V
Right to Remain Silent
Tayfun Tokac
CRJ 411
Professor Wilson
One of the landmark cases in our history which affected the law enforcement is Miranda v. Arizona case. This case had a significant impact on law enforcement in the United States, by making what became known as the Miranda rights part of routine police procedure to ensure that suspects were informed of their rights. Ernesto Miranda was arrested for kidnapping and rape of an 18 year old girl by Phoenix Police Department. Mr. Miranda was an immigrant, and although the officers did not notify Mr. Miranda of his rights, he signed a confession after two hours of interrogation. The signed statement included a statement that Mr. Miranda was aware of his rights. On March 13, 1963, Ernesto Miranda, a Mexican immigrant living in Phoenix, Arizona, was identified in a police lineup by a woman, who accused him of kidnapping and raping her. Miranda was arrested and questioned by the police for two hours until he confessed to the crimes. During the interrogation, police did not tell Miranda about his Fifth Amendment protection against self-incrimination or his Sixth Amendment right to an attorney. The case went to trial in an Arizona state court and the prosecutor used the confession as evidence against Miranda, who was convicted and sentenced to 20 to 30 years in prison. However, at no time was Miranda told of his right to counsel. Prior to being presented with the form on which he was asked to write out the confession he had already given orally, he was not advised of his right to remain silent, nor was he informed that his statements during the interrogation would be used against him.
At trial, when prosecutors offered Miranda 's written confession as evidence, his court-appointed lawyer, Alvin Moore objected that because of these facts, the confession was not truly voluntary and should be excluded. Moore 's objection was overruled and based on this confession and other evidence, Miranda was convicted
Tayfun Tokac
CRJ 411
Professor Wilson
One of the landmark cases in our history which affected the law enforcement is Miranda v. Arizona case. This case had a significant impact on law enforcement in the United States, by making what became known as the Miranda rights part of routine police procedure to ensure that suspects were informed of their rights. Ernesto Miranda was arrested for kidnapping and rape of an 18 year old girl by Phoenix Police Department. Mr. Miranda was an immigrant, and although the officers did not notify Mr. Miranda of his rights, he signed a confession after two hours of interrogation. The signed statement included a statement that Mr. Miranda was aware of his rights. On March 13, 1963, Ernesto Miranda, a Mexican immigrant living in Phoenix, Arizona, was identified in a police lineup by a woman, who accused him of kidnapping and raping her. Miranda was arrested and questioned by the police for two hours until he confessed to the crimes. During the interrogation, police did not tell Miranda about his Fifth Amendment protection against self-incrimination or his Sixth Amendment right to an attorney. The case went to trial in an Arizona state court and the prosecutor used the confession as evidence against Miranda, who was convicted and sentenced to 20 to 30 years in prison. However, at no time was Miranda told of his right to counsel. Prior to being presented with the form on which he was asked to write out the confession he had already given orally, he was not advised of his right to remain silent, nor was he informed that his statements during the interrogation would be used against him.
At trial, when prosecutors offered Miranda 's written confession as evidence, his court-appointed lawyer, Alvin Moore objected that because of these facts, the confession was not truly voluntary and should be excluded. Moore 's objection was overruled and based on this confession and other evidence, Miranda was convicted
References: Facts and Case Summary. (n.d.). Retrieved April 10, 2015, from http://www.uscourts.gov/educational-resources/get-involved/constitution-activities/fifth-amendment/miranda-criminal-defense/facts-case-summary.aspx Long Term Effects. (n.d.). Retrieved April 10, 2015, from http://mirandarights3.weebly.com/long-term-effects.html MIRANDA v. ARIZONA. (n.d.). Retrieved April 10, 2015, from http://www.oyez.org/cases/1960-1969/1965/1965_759 What are your Miranda Rights? (n.d.). Retrieved April 10, 2015, from http://www.mirandawarning.org/whatareyourmirandarights.html