Preview

Miranda V Arizona

Better Essays
Open Document
Open Document
1210 Words
Grammar
Grammar
Plagiarism
Plagiarism
Writing
Writing
Score
Score
Miranda V Arizona
Miranda V Arizona

In the history of the United States, the legislative branch of government has developed systems of laws which the judicial branch of government checks. Because of modernization, the constitutionality of these laws needs to be reevaluated from time to time. There have been many cases that have caused the government to amend certain laws to protect its citizens. One of the most important cases that was brought to the Supreme Court was the case of Ernesto Miranda V the state of Arizona. This case caused the government to add more to the Fourth, Fifth, and Sixth amendments to the constitution (The Supreme Law of the Land). Miranda V Arizona was a landmark case in the United States Supreme Court because it established the constitutional liberties for individuals suspected of committing crimes. In Phoenix, Arizona, during 1963, Ernesto Miranda was arrested and charged with the rape, kidnapping, and robbery of an eighteen year-old, semi retarded woman (Mount). After his arrest, Ernesto Miranda was interrogated for a session lasting about two hours, where at the end, he confessed to these charges (McBride). The police, who had not reminded Miranda of his rights before his interrogation, recorded the whole session and used his confession as the sole evidence to convict him (McBride). At the end of his trial, he was convicted of rape and kidnapping of the eighteen year-old and was sentenced to twenty to thirty years in jail (McBride). Miranda and his attorney appealed the case and had it brought to the Arizona Supreme Court with the excuse that the police obtained the confession illegally (McBride). The Arizona Supreme Court agreed with the lower court. Miranda then appealed the case to the United States Supreme Court which heard the case in 1966 (Mount). After hearing Miranda’s case the Supreme Court took a vote. The decision was five to four in favor of Miranda (McBride). The reasoning behind the Supreme Court’s decision was that the police had



Cited: Larson, Aaron. ”Miranda Rights.” Expertlaw. Mar. 2000. 12 Nov. 2010 . McBride, Alex. “Expanding Civil Rights.” PBS. Dec. 2006. 12 Nov. 2010 . “Miranda Vs. Arizona.” Streetlaw. 2010. 9 Nov. 2010 . Mount, Steve. “Constitutional Topic: Miranda Warning.” USConstitution. 30 Nov. 2001. 8 Nov. 2010 . The Oyez Project. “Illinois Vs. Perkins.” Oyez. 13 Nov. 2010 The Oyez Project. “New York Vs Quarles.” Oyez. 15 Nov. 2010

You May Also Find These Documents Helpful

  • 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

    Miranda Vs Arizona Summary

    • 1018 Words
    • 5 Pages

    The complaining witness identified him in a lineup and he was interrogated by two police officers. The interrogation lasted for hours which finally resulted to Miranda’s signing of a written confession. At trial, the oral and written confessions were presented to the jury and subsequently Miranda was found guilty of kidnapping and rape. He was sentenced to 20-30 years imprisonment on each count. He appealed to the Supreme Court of Arizona which held that Miranda’s constitutional rights were not violated in the course of obtaining the confession.…

    • 1018 Words
    • 5 Pages
    Good 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
  • 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
  • Good Essays

    Miranda V. Arizona

    • 671 Words
    • 3 Pages

    * The first Defendant, Ernesto Miranda, was arrested for kidnapping and rape. Mr. Miranda was an immigrant, and although the officers did not notify Mr. Miranda of his rights, he signed a confession after two hours of investigation. The signed statement included a statement that Mr. Miranda was aware of his rights.…

    • 671 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
  • Better Essays

    Miranda V. Arizona 1966

    • 1843 Words
    • 8 Pages

    In 1966 Miranda v. Arizona was a landmark of a decision to the United States Supreme Court, in which this was passed because it had four out of five agreeing. The Court held both exculpatory and inculpatory statements in which was made in response to interrogation by the person who is in the custody of the police who will be used in a trial only if the prosecution is able to show that the accused was informed of their right to consult with a lawyer before and even during any questioning and have the right against…

    • 1843 Words
    • 8 Pages
    Better Essays
  • Good Essays

    Mr. Miranda appealed his conviction to the Supreme Court of Arizona. The Supreme Court of Arizona found that Mr. Miranda was fully aware of his constitutional rights, and his conviction was affirmed. Mr. Miranda appealed the Supreme Court of Arizona’s decision to the United States Supreme Court.…

    • 765 Words
    • 4 Pages
    Good Essays
  • Satisfactory Essays

    What is miranda v. arizona? Do the miranda rights come to mind when you hear miranda v. arizona? Perhaps it does the Miranda rights came to be in 1963 when a man named ernesto miranda was accused of sexual assault towards a girl the case made it all way to the supreme court the case labeled as miranda v. arizona and ernesto was founded guilty of both kidnapping and sexual assault and sentenced to 20 to 30 years in prison he later then claimed the police did not read him his rights and because he wasn't given the right to remain silence his rights were violated and the case was reviewed again in 1966 because the police had failed to inform Miranda of his right to an attorney. 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…

    • 466 Words
    • 2 Pages
    Satisfactory 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
  • Good Essays

    The Fifth Amendment which in 1934 the “which protects a defendant from being compelled to be a witness against themselves” (Wright, 2013). The self-incrimination portion of the Fifth Amendment was tested case of Miranda v. Arizona. This is the same case that leads to the Miranda Warning. The Miranda warning is an “explanation of rights that must be given before any custodial interrogation” so that self-incrimination will not be a factor. No person can be compelled to openly admit to a crime. They cannot try to pry information out of someone if they have not been read their rights or if they ask for their attorney. It is a different story though is someone just starts rambling on when they are not asked. “Suspects can reinitiate an interrogation by coming forward and indicating to police they wish to talk and are willing to waive their Miranda rights. If there is a break in detention, the police may reinitiate the interrogation after fourteen days” (Wright, 2013).…

    • 1221 Words
    • 5 Pages
    Good 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