Preview

Ernesto Miranda Case Study

Good Essays
Open Document
Open Document
263 Words
Grammar
Grammar
Plagiarism
Plagiarism
Writing
Writing
Score
Score
Ernesto Miranda Case Study
Phoenix, Arizona in 1963, Ernesto Miranda was captured after a woman recognized him in a police lineup. He was indicted assaulting and kidnapping and addressed for two hours while in care of police. The officers that addressed him didn't educate him of his Fifth Amendment right against self-implication furthermore of his Sixth Amendment right to the help of a lawyer. Subsequently, Miranda admitted in doing the wrongdoings with which he was sentenced. His announcement had an affirmation that he knew of his privilege against self-implication. At his trial, the indictment utilized his admission to get a conviction, and he was sentenced to 20 to 30 years in jail on every check.
Miranda's defense attorney engaged the Arizona Supreme Court. His

You May Also Find These Documents Helpful

  • Satisfactory Essays

    Escobedo was treated like a guilty man; he was not awarded his rights protected under the 5th and 6th Amendments to the United States Constitution. These amendments require that people arrested are made aware of their right to talk to Illinois lawyers and their right to be tried for the suspected crimes. Escobedo was not awarded these rights when he was questioned for the crime.…

    • 120 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
  • Satisfactory Essays

    Being a senior at Roosevelt High school,Frida Gonzalez is determined to have a great GPA by graduation.Interested in becoming a teacher or counselor ,she is taking Practice in Education class and has since junior year.As a member FCCLA she has done community service by working stations at events like Night Out. Also as a cavaliers member her junior year, she was present at almost every football game .…

    • 248 Words
    • 1 Page
    Satisfactory Essays
  • 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

    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
  • Better Essays

    On March 13, 1963, eight dollars in cash was stolen from a Phoenix, Arizona bank worker, Police suspected and arrested Ernesto Miranda for committing the theft. Eleven days earlier, an 18- year old woman was kidnapped and raped in Phoenix, Arizona. The police investigated the case but didn't have any leads as to a suspect. During two hours of questioning Ernesto Miranda on the theft charge, without never being offered a lawyer, he confessed not only to the eight dollars theft, but also to kidnapping and raping an eighteen year old woman eleven days earlier. The police arrested the poor, and mentally disturbed man. This case would become well known in American constitutional studies. Miranda was 23 years old when he was arrested. By confessing to the crime, Miranda was convicted for kidnapping and rape and sentenced to twenty years in prison.…

    • 1557 Words
    • 5 Pages
    Better Essays
  • Good Essays

    Miranda vs. Arizona

    • 623 Words
    • 3 Pages

    This case had to do with an Ernest Miranda who raped a Patty McGee*. After extracting a written confession from the rapist about the situation, Miranda's lawyer argued that it was not valid since the Phoenix Police Department failed to read Miranda his rights, also in violation of the Sixth Amendment which is the right to counsel. Some factors that helped support Miranda's arguments were that the suspect had requested and been denied an opportunity to consult with a lawyer; the suspect had not been effectively warned about his right to remain silent; and an incriminating statement must have been given by the suspect. The author of the Arizona court's decision, former U.S. Senator and Arizona governor Ernest W. McFarland, said that Miranda had not requested a lawyer at the time of his detention and therefore was not entitled to the protections offered by such thins as in the Escobedo vs. Illinois case.…

    • 623 Words
    • 3 Pages
    Good 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 first court ruling where Miranda was found guilty to armed robbery was thrown out after his case was and brought up to the Supreme Court. In a ruling issued in 1966, the court established that the accused have the right to remain silent and that prosecutors may not use statements made by defendants while in police custody unless the police have informed them of their rights, which are now called Miranda Rights. Ernesto Miranda was not informed of his rights while in custody, therefore any confessions he made could not be used against him in court. At the Supreme Court level, the conviction was overthrown because he was not informed of his right against self incrimination and his right to remain silent. The case was later re-tried without using his confessions in the trial. Miranda was convicted on the basis of other evidence, and served 11 years for armed robbery. Although Miranda confessed to rape and kidnapping, he could not be prosecuted for it because there was not enough evidence to show he was the offender in those crimes once his confession was thrown out. Chief justice, Earl Warren established the…

    • 649 Words
    • 3 Pages
    Good Essays
  • Good Essays

    In 1963, an eighteen year old girl was kidnapped and raped in Phoenix; AZ. Police officials felt that they had found their suspect in a man named Ernesto Miranda, who also happened to be a mentally challenged, poor, Hispanic male. He was taken into custody, where the victim identified him as her attacker. After, the police officials took him into an interrogation room where he was held for hours. He eventually signed a statement admitting his guilt. Miranda was then sentenced. He later appealed his case on the grounds of the violation of the 5th amendment. In the case of Miranda v. Arizona (1966), his 5th amendment right was violated because he was not warned that what he said would be held against him in court. In his appeal, his statement was inadmissible but that still wasn’t enough to convince the jury that he was innocent. Because of this violation of the 5th amendment, the Miranda rights were established. The Miranda rights allowed individuals, guilty or innocent, to understand their fifth amendment before signing or saying anything incriminating against themselves.…

    • 734 Words
    • 3 Pages
    Good Essays
  • Powerful Essays

    Miranda Warnings

    • 1790 Words
    • 8 Pages

    “You are going to prison”, is the statement Ernesto Miranda probably heard as he was arrested by police from the comfort of his home, in 1963, without warning or being advised of his Fifth Amendment rights. Miranda, 22 years old, was charged with raping an 18-year-old female. Subsequently, he was brought to a police department station where he was placed into an interrogation room isolated from everyone. After two grueling hours of questioning; Miranda was feeling dazed, confused and exhausted, Miranda felt forced to sign a confession statement given to him by detective claiming that Miranda did so without duress. Further stating, “Ernesto fully comprehended the charges made against him”. A technique not uncommon during…

    • 1790 Words
    • 8 Pages
    Powerful Essays
  • Good Essays

    Escobedo Vs Illinois Case

    • 984 Words
    • 4 Pages

    From 1960 until 1964 the Escobedo v. Illinois trial was taking place. This trial was over whether or not Escobedo’s rights were violated when he was arrested. Throughout Escobedo’s arrest and interrogation his constitutional rights were indeed violated, as he was not allowed to see his lawyer during his interrogation. Yet without a specific law in place it took various levels of the United States court system to come up with a final verdict for this case. As a result, Escobedo’s Rule was established giving suspects the right to an attorney during an investigation.…

    • 984 Words
    • 4 Pages
    Good Essays
  • Satisfactory Essays

    The 1960s were a period portrayed by much respectful distress. Citizens were not pleased with the social and political conditions, especially with treatment of minorities. Around the mid 60’s, the U.S. Supreme Court chose a progression of point of interest cases that restricted the investigative strategies utilized by cops. For instance, the court decided Mapp v. Ohio, that anything found during the search that violated the citizen’s 4th amendment could not be used against them in court. The exclusionary rule, Mapp ensured that the products of an illegal search couldn't be utilized during prosecution. In 1966, the court approved in Miranda v. Arizona that a presume must be educated with respect to his or her privilege against self-implication…

    • 157 Words
    • 1 Page
    Satisfactory 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

    All of residents in the U.S. ought to learn and understand the Miranda Rights operation. To numerous the Miranda Rights may appear or sound adorned, it is most certainly not. We have seen the Miranda Rights read innumerable of times on T.V. appears and in films. You and I may comprehend our Miranda Rights to some point, that is not the situation for others in the United States however. Miranda Rights showed up from the court instance of Miranda v. Arizona, which happened in 1966. A man named Ernesto Miranda had not been illuminated on his rights. He had been captured and taken to the police headquarters. Miranda was secured in an isolated cross examination space for quite a long time. Miranda had not been educated of his rights to acquire an…

    • 590 Words
    • 3 Pages
    Good Essays