Preview

Arizona vs Miranda

Satisfactory Essays
Open Document
Open Document
299 Words
Grammar
Grammar
Plagiarism
Plagiarism
Writing
Writing
Score
Score
Arizona vs Miranda
Brief Case
Miranda v. Arizona
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:
“I do hereby swear that I make this statement voluntarily and of my own free will, with no threats, coercion, or promises of immunity, and with full knowledge of my legal rights, understanding any statement I make may be used against me.”
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.

You May Also Find These Documents Helpful

  • Good Essays

    In 2002, Lemon Montrea Johnson was the passenger in the backseat of a car stopped for a traffic violation. Johnson was charged with; inter alia, possession of drugs and possession of a weapon by a felon. These items were discovered during a protective pat-down search of Johnson. Johnson was convicted by the trial court. Johnson argued that his conviction should be overturned because the trial court was in error by denying his motion to suppress the evidence. He argued that he had been unlawfully “seized” because being a passenger in a vehicle does not automatically constitute “seizure.” He furthered argued that even if he had been “seized,” that by the time Officer Trevizo searched him he was no longer “seized” as their conversation had become consensual. Furthermore, the evidence should not be considered because the search violated his Fourth Amendment rights and because the…

    • 4995 Words
    • 20 Pages
    Good Essays
  • Satisfactory Essays

    In the Escobedo case the defendant was found guilty after admitting to the crime. Escobedo asked for a lawyer on several occasions and officers denied allowing him to speak to his lawyer and prevent his lawyer form speaking to him. Following this case the states required police to advise individuals who have been arrest for a felony that they have the right to counsel and silence. Following the Escobedo case the Supreme Court reversed an Arizona court conviction know as the Miranda v. Arizona case. The Miranda v. Arizona case was a case of a 23-year-old man who was arrested for kidnapping and rape. Officers arrested Miranda and transported him to the police station for questioning on the kidnapping and rape and after two hours of questioning…

    • 163 Words
    • 1 Page
    Satisfactory 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
  • Good Essays

    As further reiterated, “Confessions remain a proper element in law enforcement. Any statement given freely and voluntarily without any compelling influences is, of course, admissible in evidence.” Furthermore, the Fifth Amendment does not bar voluntary statements by definition. The Fifth Amendment explicitly states “No person shall…be compelled in any criminal case to be a witness against himself”. The issue here was whether or not the conversation was in fact an interrogation based on the subdivision called the “functional equivalent” of questioning, described as ‘any words or actions on the part of the police that the police should know are reasonably likely to elicit an incriminating response from the suspect’. The court found that the conversation did not fall within the Miranda meaning of “interrogation” because it was concluded as being nothing more than a dialogue between the two officers, which invited no response from the respondent, and was clearly not a questioning initiated by officers. Furthermore, the conversation also was found not to fall under the description of “functional equivalent” because the few ‘offhand’ remarks that the officers made to one another in no way subjected the respondent to elicit a statement of admission, nor were the officers’ actions subjecting the respondent. Consequently, the respondent was found to have given a confession in a voluntary manner and that his Fifth Amendment rights were not deprived because he was not compelled or forced in any way to…

    • 832 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
  • 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

    Arizona v. Gant

    • 995 Words
    • 4 Pages

    Respondent, Rodney Gant, was arrested for driving with a suspended license. Subsequent to the search of the Gant’s vehicle officers found cocaine in the back seat. At trial Gant moved to have the evidence suppressed denied that there was probable cause to search the vehicle, but did not decide to suppress the evidence. The court ruled the search to be that incident to an arrest. Respondent was found guilty and sentenced to three-year prison term.…

    • 995 Words
    • 4 Pages
    Good 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

    4. Ernesto Miranda was retried again and found guilty based on witness testimony. He was sentenced to 20 to 30 years in prison. In 1972, Miranda was paroled and began making a living by autographing police officers "miranda cards". On January 31, 1976 he stabbed to death in a bar during an…

    • 341 Words
    • 2 Pages
    Satisfactory Essays
  • Good Essays

    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…

    • 806 Words
    • 4 Pages
    Good Essays
  • Good Essays

    While in custody, Miranda was interrogated by police for hours until he signed a written confession. Not once during the interrogation was Miranda informed of his rights to counsel or to remain silent. During the trial his court appointed attorney objected to the admission of the statement on the grounds that Miranda was not informed of his rights. Given the amount of evidence, including the confession itself, the court overruled the objection. After being found guilty and sentenced to 20-30 years in prison for his crimes, Miranda appealed to the Arizona Supreme Court. Due to the fact that Miranda failed to specifically request an attorney, the Arizona Supreme Court upheld the trial court’s decision. The case was then forwarded to the Supreme Court along with Westover v. United States, Vignera v. New York, and California v.…

    • 2261 Words
    • 10 Pages
    Good Essays
  • Good Essays

    In order for an admission to be admissible in court, prior to interrogation, the individual must first be informed in clear and unequivocal terms that he has the right to remain silent. In addition, the warning to remain silent must be accompanied by the explanation that anything can be used against the individual in court, and that the individual has the right to have an attorney present during interrogation, and if they can not afford one, then one will be appointed to them. Also, if the individual waives his right to remain silent and for counsel to be present, the police must show that the waiver was made knowingly, voluntarily, and intelligently.…

    • 765 Words
    • 4 Pages
    Good Essays
  • Good Essays

    By custodial interrogation, we mean questioning initiated by law enforcement officers after a person has been taken into custody or otherwise deprived of his freedom of action in any significant way.” The Court also held that “without proper safeguards, the process of in-custody interrogation of persons suspected or accused of crime contains inherently compelling pressures which work to undermine the individual’s will to resist and to compel him to speak where he would otherwise do so freely.” Therefore, a defendant “must be warned prior to any questioning that he has the right to remain silent, that anything he says can be used against him in a court of law, that he has the right to the presence of an attorney, and that if he cannot afford an attorney one will be appointed for him prior to any questioning if he so desires.” As those reasons, the Supreme Court reversed the judgment of the Supreme Court of Arizona in Miranda, reversed the judgment of the New York Court of Appeals in Vignera, reversed the judgment of the Court of Appeals for the Ninth Circuit in Westover, and affirmed the judgment of the Supreme Court of California in Stewart.…

    • 875 Words
    • 4 Pages
    Good Essays
  • Powerful Essays

    Miranda vs. Arizona

    • 2098 Words
    • 6 Pages

    Mіrаndа vs. Arizona was а case that consіdеrеd the rights of the dеfеndаnts in criminal cases in regards to the power of the government. Indіvіduаl rights did not change with the Mіrаndа decision; however it created new constitutional guidelines for law enforcement, attorneys, and the courts. The guidelines ensure that the individual rights of the fifth, sixth and the fourteenth amendment are protected. This decision requires that unless а suspect in custody has been informed of his constitutional rights before questioning anything he says may not be introduced in а court of law (Mіrаndа v. Arizona, 1966). The decision requires law enforcement officers to follow а code of conduct when arresting suspects. After an arrest is made, before they may begin questioning they must first advise the suspect of their rights, and make sure that the suspect understands them.…

    • 2098 Words
    • 6 Pages
    Powerful Essays
  • Better Essays

    Arizona case reached its first court two weeks after Ernesto Miranda was arrested. In the court Miranda had asked the court for a counsel but was denied the counsel .Miranda was given a lawyer who tried to object the use of Miranda’s confession but he was over ruled. “Miranda was found guilty of kidnapping and rape. He was sentenced to 20 to 30 years' imprisonment on each count, the sentences to run concurrently.” (Miranda v. Arizona 1966) Miranda was not satisfied with the decision, so he decided that he would appeal to the Supreme Court of Arizona. The supreme court of Arizona reviewed Ernesto A. Miranda’s plea and case, but once again, “On appeal, the Supreme Court of Arizona held that Miranda's constitutional rights were not violated in obtaining the confession and affirmed the conviction (Mr. Chief Justice Warren).” Miranda had been denied again by the state court this time ruling in favor that there was no errors committed in the decision of the case. Still though Miranda was adamant that he was not given the rights he deserved and stated he should have. Miranda at last appealed to the Supreme Court of the United States, where they accepted to view his case know as Miranda v. Arizona along with three other cases. Majority leader chief justice Warren delivered his opinion of the court, in his opinion he states how Mr. Justice Douglas…

    • 1651 Words
    • 7 Pages
    Better Essays