Preview

Miranda Decision Case

Satisfactory Essays
Open Document
Open Document
275 Words
Grammar
Grammar
Plagiarism
Plagiarism
Writing
Writing
Score
Score
Miranda Decision Case
The Miranda decision emerges from a case back in 1966 which deals with the rights of the accused, mainly with the Fifth Amendment right to not incriminate one’s self(Leo,1996).In this case Ernest Miranda,, a Mexican-American, was facing the state of Arizona for raping and kidnapping an eighteen year old woman.The case led to the Miranda warning which requires the officer to notify a suspect of his rights,i.e. you have the right to remain silent,and the right to speak to an attorney(Leo,1996). That the questions answered by Miranda during his interrogation must have been answered with the defendant’s knowledge of his rights.This made a big impact in the police force, that a testimony is only legitimate if the proper steps are carried out(Leo,1996).
The right to remain silence gives us the vital principle of liberty, and it also gives us privacy ,because the responsibility falls on the officer to build a case.If the person does not meet the burden, they are free to go(Leo,1996).
…show more content…
In NC, for example the percentage of those who confessed after their interrogation from 49 % before Miranda to 16 % after(Cassell,1998). Those criminals that are caught and question, as the questioning goes on, they deny to respond any longer and ask for an attorney.
In my opinion, the right to an attorney should be taken off the table, and the public safety law when it comes to the Miranda law should be expanded. When it comes to public safety, those arrested for terrorist crime law enforcement should be able to interrogate, without Mirandizing, and make their answers be

You May Also Find These Documents Helpful

  • Good Essays

    Janet Ainsworth’s journal article, “’You Have the Right to Remain Silent. . .’ But Only If You Ask for It Just So: The Role of Linguistic Ideology in American Police Interrogation Law,” addresses the complexities that arise when attempting to invoke Miranda rights. Ainsworth begins the article by explaining how the Miranda rights were established as a compromise with its initial goal to alleviate pressure from those detained. She references the Davis v United States case as a key example due to its ruling which held that Miranda rights could only be invoked when the language used by the arrestee has a clear and unambiguous meaning.…

    • 426 Words
    • 2 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

    The year 1966 was a turning point for rights of United States citizens because of the Supreme Court case, Miranda v. Arizona. Miranda was arrested for rape and kidnapping of a woman. Following his arrest, he was convicted based on his confession of the crime. Nevertheless, the Supreme Court ruled that his rights were violated according to the Fifth Amendment, which lead to his release. Reynolds Lancaster and Gina Jones were two authors that pointed importance of rights and issues related to the case Miranda v. Arizona, which lead to the Miranda warning.…

    • 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
  • 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

    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
  • Powerful Essays

    In this case an undercover agent was placed in prison with a man who obviously committed a crime. Believing that the agent was a fellow inmate, the prisoner began to brag about his crimes and confessing to some he had gotten away with. When he was about to be charged with those crimes, he invoked his right to be read Miranda. This case ended up going all the way to the Supreme Court and the decision stood. The evidence was valid. Justice Anthony Kennedy wrote that the reason Miranda was put into place was so that police wouldn’t coerce illegal involuntary confessions from suspects. If a prisoner believes that an undercover agent just so happened to be his cell mate, then the prisoner was not coerced into that confession. He voluntarily gave it.…

    • 640 Words
    • 3 Pages
    Powerful 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
  • Powerful Essays

    Miranda Warning

    • 1682 Words
    • 7 Pages

    Researching previous cases on a Miranda warning is one of the best ways to garner information as to the ways and procedures in how an officer goes about giving this warning. The main cases that will layout the foundation of this research is the original case of Miranda v. Arizona. In order to understand the main idea of what is the Miranda warning and how it is done, as well as the issues surrounding this warning then, one must study where it originated. During research it is concluded that such warning cannot be given without a person being in custody. Several informal talks with past law professors was done in attempt to prove whether or not the officer should have given Randy his rights prior to his confession of the bank robbery. During this several questions were addressed, questions such as, by law should a Miranda warning be given upon confession? Was randy in police custody at the time of the confession and when must this warning be given. The confession of randy cannot be ignored therefore some investigation must be done concerning the confession of the robbery. The elements of a bank robbery were researched as to come to a decision about the alleged criminal position of Randy. After which one must consider, was Randay’s alleged robbery an actual crime, what constitutes a crime? If the investigation of Randy’s confession is proven to be true, should he be then formally arrested by the officers? If the confessions are proven to be true then the officer should then give him the Miranda warning.…

    • 1682 Words
    • 7 Pages
    Powerful Essays
  • Good Essays

    The Miranda rights are the rights a police offer is required to say to someone when the officer arrests that person. It is the warning that officers of the law give suspects so they know about their rights before they are interrogated. It was a law made after the conclusions of the Miranda vs. Arizona case. The case was very close as it was a 5-4 decision. The court ruled that any type of evidence, whether it is incriminating or proof of innocence, can be used as evidence in a case; however it can only be used if the police let the suspect know that they have the right to an attorney before and during questioning and also that the suspect can be silent to avoid self-incrimination before an interrogation. It is now a staple when police arrests are made. In this paper, I will explain why I believe that the Miranda Rights are not necessary anymore.…

    • 922 Words
    • 4 Pages
    Good Essays
  • Satisfactory Essays

    People should have always have the right to remain silent during questioning or, in the court of law. They shouldn’t have to talk until they have a lawyer or someone to council them; so they don’t mess up their words and be considered…

    • 487 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