Preview

Why Are Miranda Laws Important

Good Essays
Open Document
Open Document
1040 Words
Grammar
Grammar
Plagiarism
Plagiarism
Writing
Writing
Score
Score
Why Are Miranda Laws Important
“You have the right to remain silent. Anything you say may be used for or against you in a court of law. You have the right to an attorney now or at any time during questioning. If you cannot afford an attorney, one will be appointed to represent you, without cost, by the courts” (“Miranda v. Arizona.” West n.p.).
There are several reasons why the Miranda laws are necessary in the United States. First, most people who would be interrogated by police would not necessarily be aware of their rights unless they are told what they are. The goal of the police would be to gather information and obtain an arrest. Second, each state could have their own criminal procedures and, of course, constitutional laws were in place at the federal level which
…show more content…
Lois Ann (the victim of the rape and kidnapping committed by Esterno Miranda) suffered from a learning disability (at the age of 18 she had the intelligence level of a 13 year old) which made it a lot harder for the courts to verify whether or not her evidence was reliable. “Although she claimed to have been tied by the hands and ankles, there were no rope marks or burns” (Van Meter 14). Because of her disability, a lot of the evidence for this case was given by Lois Ann’s sister, Sarah (Van Meter 14). In this situation, Miranda’s confession was crucial for the outcome of the case because of the lack of reliable evidence on Lois Ann’s …show more content…
The laws are commonly heard in movie scenes consisting of suspected criminals being taken to questioning (“Miranda v Arizona 1966.” 328). For most police officers, reciting the miranda rights are a part of their everyday life. Miranda’s killer was never arrested because he remained silent after he was told he was allowed to do so, and there wasn't enough evidence gathered to use against him in the court of law. When people are given the right to remain silent, some will do so. On the other hand, some people will answer questions being asked of them even if they don't have to. (“Miranda, Ernst.”

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
  • Good Essays

    FACTS: The cases of Mr. Miranda, Mr. Vignera, Mr. Stewart and Mr. Westover had similar cases, regarding the admissibility of their confessions. These cases were then addressed together by the Supreme Court of the United States. Mr. Miranda was identified by a witness and arrested, but was not notified of his rights, although he singed a written confession after several hours of interrogation that stated that he was aware of the rights he was not notified about. A jury was presented an oral admission of guilt, as well as the written confession. The jury found Mr. Miranda guilty of murder and rape, and sentenced him to 20-30 years on both counts. Mr. Vignera, who was the second defendant, was arrested for a…

    • 928 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

    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
  • Good Essays

    Their reasoning behind this decision was because it needed to be stated that he had to the right to remain silent. Not only this, but he was not told that anything that he said could be used against him in the future. These reasons were then able to prove that Miranda was not able to speak to the police freely upon his own choice of decision. One of the reasons for the decision made was because Miranda did not know he had the right to an attorney leading for him to not have full knowledge of the case and what was going on. Therefore, because the fifth amendment was not applicable to the situation that Miranda was in the prosecution should not have been able to use any of the statements that were…

    • 507 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

    Arizona made requirements that the law had to follow, which stated law enforcement officials must follow protocol before questioning suspect in custody. “These rules specified that a suspect must be read the “Miranda warning,” now famous from police shows on television, and then must be asked whether he agrees to “waive” those rights. If the suspect declines, the police are required to stop all questioning. Even if the suspect waives his rights, at any time during an interrogation he can halt the process by retracting the waiver or asking for a lawyer. From that point on, the police are not allowed even to suggest that the suspect reconsider” ("National Center for Policy Analysis", 1996). Since the requirements were made and law enforcement has to abide by the facts of the impact, they have found that it is more complicated to get the offenders to admit to wrong doing with a confession. After the decision of the Miranda rights, various states in the US had a percentage drop of individuals whom actually confessed. With the states having so many individuals accused of a crime and the Miranda rule taking effect, they found that it makes it complex to solve the crime at hand. Since that present time the rates of solving crimes have drastically changed and have concurrently stayed that way from that time to current. Knowingly not be able to solve as many violent or property crimes, less convictions have become a tough issue. The effects of the…

    • 1843 Words
    • 8 Pages
    Better Essays
  • Satisfactory Essays

    Over the years the Miranda rights are used to ensure justice and preserve liberty ever since the case Miranda v. Arizona. All though people may see the Miranda Rights/ warning as an act of not trying to ensure justice it is because if we didn't use them today then there would be many more cases like Miranda v. Arizona and lead to a corruptio in our police stations atound th…

    • 466 Words
    • 2 Pages
    Satisfactory Essays
  • Satisfactory Essays

    Arizona vs Miranda

    • 299 Words
    • 2 Pages

    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:…

    • 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

    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
  • 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
  • Good Essays

    The Miranda Rights are part of a preventative criminal procedure rule that states law enforcement are required to administer Miranda Rights to an individual who is in custody and is subject to direct questioning for a criminal violation of law. When a person is detained or taken into custodial arrest and interrogated for a criminal offense, if he or she wishes to remain silent the individual must expressly state that he or she chooses to remain silent. In addition, if the individual asserts that he or she wishes to speak to an attorney or have an attorney present, police must then cease interrogations and wait until…

    • 524 Words
    • 3 Pages
    Good Essays
  • Satisfactory Essays

    In conclusion, The Miranda rights are truly more than words. They are our protection and warning. They help police do a good job, they protect our lives and our property, they protect us in questioning, and they protect us in trial. Ernesto Miranda may have been a bad criminal, but his failure to stay silent protects our freedom…

    • 770 Words
    • 4 Pages
    Satisfactory Essays
  • Good Essays

    The Fifth Amendment

    • 494 Words
    • 2 Pages

    Miranda Rights are you have the right to remain silent, anything you say can and will be used against you in the court of law, you have the right to an attorney, if you cannot afford one, one will be appointed to you. Basically it states that you do not have to talk if you feel like you are going to incriminate yourself during an interrogation. Also you have the right to a lawyer and if you cannot afford one, one will be given to you. You can plead the fifth which is to refuse to answer any question because the response could form self incriminating evidence.…

    • 494 Words
    • 2 Pages
    Good Essays