Miranda Vs. Arizon Supreme Court Case
Upper Tier Rights There are many cases in the history of constitutional law that involve the wording of the United States Constitution. One case that deals with many parts of the constitution is Miranda v Arizona. This was a case that the Supreme Court voted on in 1966. This is a case of upper tier rights, because it deals with the constitutional rights. It mostly deals with the fourteenth amendment which is a right to due process and the sixth amendment which is a right to counsel. 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
…show more content…
Why is this even considered a constitutional law case? How did Miranda v. Arizona turn into a landmark United States Supreme Court case? When this case went to trial Miranda’s court appointed attorney found out that the police never informed Miranda of his Constitutional right to counsel. So in fact by not informing Miranda that he had the right to counsel the police violated his Fourteenth Amendment which is the right to due process and his sixth amendment which is a right to counsel. If he would have had counsel present in the room he may never have signed that form confessing to the kidnapping and rape of that 18 year old woman. Miranda’s court appointed attorney at trial objected to the confession saying that his clients fifth, sixth, and fourteenth amendment rights were violated. The trial judge overruled the objection mainly because the defendant never formally asked to have an attorney present or to see or speak with his attorney. So Miranda was convicted of the crime and sent to up to 30 years in prison. Miranda’s attorney the appealed the decision all the way up to the Arizona supreme court. The Arizona Supreme Court ruled that they also believed that his rights were not violated because he never asked for an
Why is this even considered a constitutional law case? How did Miranda v. Arizona turn into a landmark United States Supreme Court case? When this case went to trial Miranda’s court appointed attorney found out that the police never informed Miranda of his Constitutional right to counsel. So in fact by not informing Miranda that he had the right to counsel the police violated his Fourteenth Amendment which is the right to due process and his sixth amendment which is a right to counsel. If he would have had counsel present in the room he may never have signed that form confessing to the kidnapping and rape of that 18 year old woman. Miranda’s court appointed attorney at trial objected to the confession saying that his clients fifth, sixth, and fourteenth amendment rights were violated. The trial judge overruled the objection mainly because the defendant never formally asked to have an attorney present or to see or speak with his attorney. So Miranda was convicted of the crime and sent to up to 30 years in prison. Miranda’s attorney the appealed the decision all the way up to the Arizona supreme court. The Arizona Supreme Court ruled that they also believed that his rights were not violated because he never asked for an