Preview

The Case Of Miranda Vs. Arizona

Better Essays
Open Document
Open Document
1525 Words
Grammar
Grammar
Plagiarism
Plagiarism
Writing
Writing
Score
Score
The Case Of Miranda Vs. Arizona
Miranda vs. Arizona is landmark case that has changed history and the manner of how defendants are notified of their rights before relinquishing any information about a crime. Miranda was implemented so no someone else could suffer for a crime and not become aware of their rights. Defendants should be informed of the charges and their rights before they are arrested for any alleged crime. If law enforcement officials fail to properly notify the accused of their rights the chances of them paying the price of crime could possibly be extremely slim to none. Or the defendant may face charges for a crime that he or she did not commit. It could also be in vain if that was information gather was done in an improper manner. I understand law enforcement …show more content…
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. The only concrete evidence the prosecutor relied on was the falsified confession which is also known as the “fruit of the poisonous tree” that was taped by the …show more content…
This decision gave rise to what has become known as the Miranda Warning. The Miranda warnings are the rights a defendant have once they are arrested for a crime or during the interrogation process. Certain jurisdictions have their own regulations as to the precise warning given to a person interrogated in police custody. The Supreme Court ruled that detained criminal suspect, prior to police questioning must be informed of their constitutional right to an attorney and against self-incrimination. This law basically mean that any person arrested and taken in police custody must be thoroughly explained and informed of their right of the 5th and 6th amendment before a confession is orally spoken, and written.
This case was also impacted because the Supreme Court ruled that the prosecution could not introduce Miranda’s confession as evidence in a criminal trial because the police had failed to first inform Miranda of his right to an attorney and a self-incrimination. The police duties were to give these warnings compelled by the Constitutions Fifth Amendment “which gives a criminal suspect the right to refuse” to be a witness against himself”, and Sixth Amendment which guarantees criminal defendants the right to an

You May Also Find These Documents Helpful

  • Good Essays

    In 1963, Ernesto Miranda was arrested for kidnapping and rape. Arizona police took him to the police station and interrogated him for two hours. After the interrogation, Mr. Miranda had confessed to the crimes, and provided officers with a written confession. Language at the top of the written confession stated that the confession was given freely and voluntarily without any threats or promises. In addition, the language stated that Mr. Miranda was fully aware of his legal rights. However, Mr. Miranda was not advised that he could remain silent and have an attorney present at the interrogation. Subsequently, the statement was entered into evidence at trial, and Mr. Miranda was convicted and sentenced to prison.…

    • 765 Words
    • 4 Pages
    Good Essays
  • Satisfactory Essays

    The Miranda v. Arizona case is considered to be one of the most important and famous cases in modern law history that provided the foundation for some important legal provisions. It occurred in 1966 in Arizona, when a young man named Ernesto Miranda, a Mexican immigrant living in Phoenix, Arizona, was charged with robbery, kidnapping, and rape of a young woman several years prior the trial (Zalman, 2010). Before the suspect was interrogated, the police did not inform him of his constitutional right to remain silent which allowed the interrogators to get the confession. Given that this case provided the foundation for the right to remain silent, it became very famous and important. The present paper attempts to analyze the…

    • 140 Words
    • 1 Page
    Satisfactory Essays
  • Good Essays

    Arizona: (1966) Rights in custody Ernesto Miranda a man who had not completed the ninth grade was arrested at his home in Arizona and identified as a suspect ina rape-kidnapping case. When he was questioned about the crime Miranda maintained he was innocent, but after two hours of interrogation he signed a confession. At the trial the confession was admitted as evidence and the court found Miranda guilty. The police acknowledged that Miranda had not been made aware. of his rights during the process nor had he had access to legal counsel. While the Miranda confession was given with relatively little pressure it still violated the constitutional requirements that governed such procedures. Inthis case, the Warren court ruled that the accused must be made aware of his or her rights from the…

    • 2027 Words
    • 9 Pages
    Good Essays
  • Good Essays

    Reynold Lancaster discussed how the Miranda warning is used by police officers and other law enforcements when they arrest a person of interest. The Miranda warning allows the officers…

    • 326 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
  • Good Essays

    The second of the Supreme Court Cases to be discussed is Miranda V. Arizona. The importance of this case is that Miranda was interrogated without knowledge of his 5th amendment rights. In this specific case, the police arrested Miranda from his home in order to take him into investigation at the Phoenix police station. While Miranda was put on trial, he was not informed that he had a right to an attorney. From this the officers were able to retrieve a signed written statement from Miranda. Most importantly, this letter stated that Miranda had full knowledge of his legal rights. From the evidence found, Miranda was sentenced to prison for 20 to 30 years. From here the Supreme Court stated that, “...Miranda's constitutional rights were not violated in obtaining the confession…” (Miranda V Arizona).…

    • 507 Words
    • 3 Pages
    Good Essays
  • Good Essays

    Miranda V. Arizona

    • 671 Words
    • 3 Pages

    * The first Defendant, Ernesto Miranda, was arrested for kidnapping and rape. 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 investigation. The signed statement included a statement that Mr. Miranda was aware of his rights.…

    • 671 Words
    • 3 Pages
    Good Essays
  • Satisfactory Essays

    1. The U.S. Supreme Court's ruling of Miranda v. Arizona set a precedence on how future suspects would be interrogated. It makes complete sense to advise a person that is being interrogated that he or she has a right to remain silent during interrogation and that he or she has the right to have counsel present during an interrogation. It's also important that the suspect be fully aware and full understand his or her rights before the interrogation begins. -WRITTEN AND INTERPERSONAL COMMUNICATION-METHODS FOR LAW ENFORCEMENT By Harvey Wallace and Cliff Roberson(CHAPTER 9 PAGE 136)…

    • 341 Words
    • 2 Pages
    Satisfactory Essays
  • Better Essays

    Miranda V. Arizona 1966

    • 1843 Words
    • 8 Pages

    In 1966 Miranda v. Arizona was a landmark of a decision to the United States Supreme Court, in which this was passed because it had four out of five agreeing. The Court held both exculpatory and inculpatory statements in which was made in response to interrogation by the person who is in the custody of the police who will be used in a trial only if the prosecution is able to show that the accused was informed of their right to consult with a lawyer before and even during any questioning and have the right against…

    • 1843 Words
    • 8 Pages
    Better Essays
  • Satisfactory Essays

    What is miranda v. arizona? Do the miranda rights come to mind when you hear miranda v. arizona? Perhaps it does the Miranda rights came to be in 1963 when a man named ernesto miranda was accused of sexual assault towards a girl the case made it all way to the supreme court the case labeled as miranda v. arizona and ernesto was founded guilty of both kidnapping and sexual assault and sentenced to 20 to 30 years in prison he later then claimed the police did not read him his rights and because he wasn't given the right to remain silence his rights were violated and the case was reviewed again in 1966 because the police had failed to inform Miranda of his right to an attorney. The police duty to give these warnings is compelled by the Constitution's Fifth Amendment, which gives a criminal suspect the right to refuse "to be a witness against…

    • 466 Words
    • 2 Pages
    Satisfactory Essays
  • Satisfactory Essays

    Arizona vs Miranda

    • 299 Words
    • 2 Pages

    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.…

    • 299 Words
    • 2 Pages
    Satisfactory Essays
  • Good Essays

    Miranda never knew he did not have to speak with the police was interrogated and confessed and was sentenced to jail. Later an attorney looked over the case and requested Judicial Review Claiming that Ernesto’s rights has been violated. In 1966 The Supreme Court overturned Miranda’s Conviction, and ruled that if a person is going to be taken in as a suspect they must be informed that they do have a right to and attorney. The suspect also has to be informed that the do not have to speak. The supreme court also ruled that if the suspect is not informed of these right the evidence obtained before hand can not be used in court. These rights are now known as the Miranda rights.…

    • 524 Words
    • 3 Pages
    Good Essays
  • Good Essays

    INTRODUCTION: Miranda v. Arizona was argued February 28 -March 2, 1966; Decided on June 13, 1966. Miranda was apprehended at his home and taken into custody to the police station where the accusing witness recognized him. Miranda was questioned for two hours by to police officers, which followed by a signed and written confession that presented to the jury. The oral, and written confession were handed over at the trial to the jury.…

    • 647 Words
    • 3 Pages
    Good Essays
  • Good Essays

    Miranda vs. Arizona

    • 582 Words
    • 3 Pages

    In Miranda v. Arizona (1966), the Supreme Court ruled that detained criminal suspects, prior to police questioning, must be informed of their constitutional right to an attorney and against self-incrimination. The case began with the 1963 arrest of Phoenix resident Ernesto Miranda, who was charged with rape, kidnapping, and robbery. Miranda was not informed of his rights prior to the police interrogation. During the two-hour interrogation, Miranda allegedly confessed to committing the crimes, which the police apparently recorded. Miranda, who had not finished ninth grade and had a history of mental instability, had no counsel present. At trial, the prosecution's case consisted solely of his confession. Miranda was convicted of both rape and kidnapping and sentenced to 20 to 30 years in prison. He appealed to the Arizona Supreme Court, claiming that the police had unconstitutionally obtained his confession. The court disagreed, however, and upheld the conviction. Miranda appealed to the U.S. Supreme Court, which reviewed the case in 1966.…

    • 582 Words
    • 3 Pages
    Good Essays
  • Satisfactory Essays

    Miranda Warnings

    • 260 Words
    • 2 Pages

    no. the miranda RIGHTS. protect our freedoms. without them we could end up a police state.In the United States, the Miranda warning is a warning given by police to criminal suspects in police custody, or in a custodial situation, before they are asked questions relating to the commission of a crime. A custodial situation is where the suspects freedom of movement is restrained although he is not under arrest. An incriminating statement by a suspect will not constitute admissible evidence unless the suspect was advised of his or her "Miranda rights" and made a knowing, intelligent, and voluntary waiver of those rights. However, police may request biographical information such…

    • 260 Words
    • 2 Pages
    Satisfactory Essays