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…
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).…
2. I definitely feel like the Miranda Warning is still a valid concept. I feel like reminds the suspect that they still have rights and they are still innocent until proven guilty. Being a suspect of any crime is probably very scary and can be overwhelming with emotions.…
Supreme Court Decision: The Supreme Court ruled 5-4 in favor of Miranda and it also enforced the Miranda warning to be given to a person being interrogated while in the custody of the police.…
I think they should be required because someone might have something in thare that is personal that survied.…
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…
Its obvious that we need the 14th amendment because a simple reason ; Equality. The 14th amendment is basically allowing everyone that is different then a what is considered to be a regular person and white man. Even though we have this we are still seen differently by some people but this amendment allows us to take action when they see us differently and try to do something about us. But to fully look into this situation we need to look at statistics. Lets look at the court case of Miranda v. Arizona first, in this court case it was decided that Miranda was treated unfairly under his 14th amendment. He confessed to a crime he had done without knowing that he was available to have a lawyer present while being questioned. He was therefore released under the court ruling that the due process clause of the 14th amendment had been violated because he was not told like he was supposed to that he has the right to remain silent, to have an attorney present, and, if the suspect cannot afford an attorney, to have one appointed by the state. He was later retried though without the confession and convicted. But clearly this is shown that those less educated on their rights and those different can still receive the equality they deserve and the information they need. But this also shows that our justice system is still able to punish everyone that needs to be…
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.…
Ernesto Miranda, a mexican immigrant living in the United States, was arrested by officers Carroll Cooley and Wilfred Young at Miranda's home in Phoenix, AZ. He was put into custody and taken to a local police station. Miranda was put into police lineup and was identified by the witness, Lois Jameson. Following, Miranda was interrogated for two hours by two police officers with the Arizona police department, before making a written and signed confession of the crimes. This confession was presented at trial and Miranda was sentenced to 20-30 years in prison on each count of kidnapping and rape. The Supreme Court of Arizona found that Miranda's constitutional rights weren't personally violated, but ruled that police officers are required to…
First, individual liberties and freedoms are important since without them one can be held indefinitely. Habeas corpus also known as the “great writ of liberty” guarantees that a person who is being held unjustly can go free (Habeas corpus, 2011). This is one of the reasons that make America so great because anyone who is detained can know the reason why they are being held and in so are allowed due process under the law. The Constitution protects the…
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 inform Miranda of his right to an attorney and against self-incrimination. The police duty to give these warnings is compelled by the Constitution's Fifth Amendment, which gives a criminal suspect the right to refuse "to be a witness against himself," and Sixth Amendment, which guarantees criminal defendants the right to an attorney.…
Ainsworth shows that this is not the case, as the reading of the Miranda Rights was brought about by the Supreme Court as a compromise to keep the effectiveness of interrogation without violating the rights of the suspect. By making the reading of the Miranda Rights legal and necessary, suspects are made aware of their rights but are not told how to bring them about. This also means that it is incredibly easy for suspects to waive their rights by simply using incorrect wording or even not speaking at all. The reading also serves the purpose of allowing police to interrogate. Of course, the very need for the Miranda Rights suggests that there is an innate injustice in the use of interrogation. This is because of the inherent power dynamic between the police officers and the suspects. Officers hold sway over the suspects and know very well how to use legal language. The typical suspect does not and because of this sense of powerlessness is therefore submissive to the officer, which leads to meek behavior and language. They lack the authority necessary in using legal language to bring about the actions they would require, such as a lawyer, if they even realized they were in need of…
The Miranda warning (often abbreviated to "Miranda," or "Mirandizing" a suspect) is the name of the formal warning that is required to be given by police in the United States to criminal suspects in police custody (or in a custodial situation) before they are interrogated, in accordance with the Miranda ruling. Its purpose is to ensure the accused are aware of, and reminded of, these rights under the U.S. Constitution, and that they know they can invoke them at any time during the interview.…
Creation of the Miranda rights has changed the relationship between citizen state and police suspects. Citizens now have the right to be informed and assurance that they will be protected by institutional power. Suspects can now anybody that they had nothing to with it. The Miranda warnings are rights that are not protected by the Constitution. They are simply a precaution to guarantee protection against self –incrimination. Without the Miranda rights, the treatment of criminals would not be fair.…
Criminal Interrogation is crucial in any investigation. Police have a great responsibility in telling the suspects their rights, using the proper tactics and even machines to get a confession. Everything police use is to get to the truth. The Miranda Rights are read to any person under arrested.…