Preview

Miranda v. Arizona case: How it changed law enforcement

Better Essays
Open Document
Open Document
1557 Words
Grammar
Grammar
Plagiarism
Plagiarism
Writing
Writing
Score
Score
Miranda v. Arizona case: How it changed law enforcement
The "Miranda rule," which makes a confession inadmissible in a criminal trial if the accused was not properly advised of his rights, has been so thoroughly integrated into the justice system that any child who watches television can recite the words: "You have the right to remain silent. Anything you say can and will be used against you in a court of law. You have the right to an attorney" Yet the 1966 Supreme Court ruling in Miranda v. Arizona remains the subject of often heated debate, and has had a great impact on law enforcement in the U.S.

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.

However, when Miranda was arrested he was not told his rights that are stated in amendment number five. On appeal, Miranda's lawyers pointed out that the police had never told him that he had the right to be represented by a lawyer, and that he could remain silent if he wished to do so. In addition, he was not told that everything that he said could be used against him. In the end of 1966, The United State's Supreme Court gave support to the defendant side by only a 5 - 4 majority. The Supreme Court decision detailed the principles governing police interrogation. In addition, they

You May Also Find These Documents Helpful

  • 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

    Improvements to the Miranda warning could be made through clarifying the statement itself, so that the ideas and concepts addressed would be easier to grasp for the general population. For example, a person’s right to silence…

    • 256 Words
    • 2 Pages
    Good Essays
  • Good Essays

    Miranda Vs Arizona Essay

    • 441 Words
    • 2 Pages

    In the Supreme Court, case Miranda v. Arizona involved an individual by the name of Ernesto Miranda and the state of Arizona. Ernesto Miranda who was accused of kidnapping and raping women was arrested by police and questioned for about two hours until policed obtain a written statement confession to the crimes (Miranda v. Arizona). In trial, the police officers admitted they did not notifying Miranda of his right to have an attorney present when being questioned about the chargers; however, Miranda was convicted by the Arizona state court and sentenced to prison. Miranda’s attorney appealed the conviction to the Supreme Court of Arizona, but the court upheld the state’s decision stating that “Miranda’s constitutional rights were not violated because he did not specifically request counsel” (Miranda v. Arizona).…

    • 441 Words
    • 2 Pages
    Good Essays
  • Good Essays

    Miranda vs. Arizona

    • 582 Words
    • 3 Pages

    In Miranda v. Arizona (1966), the Supreme Court ruled that detained criminal suspects, prior to police questioning, must be informed of their constitutional right to an attorney and against self-incrimination. The case began with the 1963 arrest of Phoenix resident Ernesto Miranda, who was charged with rape, kidnapping, and robbery. Miranda was not informed of his rights prior to the police interrogation. During the two-hour interrogation, Miranda allegedly confessed to committing the crimes, which the police apparently recorded. Miranda, who had not finished ninth grade and had a history of mental instability, had no counsel present. At trial, the prosecution's case consisted solely of his confession. Miranda was convicted of both rape and kidnapping and sentenced to 20 to 30 years in prison. He appealed to the Arizona Supreme Court, claiming that the police had unconstitutionally obtained his confession. The court disagreed, however, and upheld the conviction. Miranda appealed to the U.S. Supreme Court, which reviewed the case in 1966.…

    • 582 Words
    • 3 Pages
    Good Essays
  • Better Essays

    You have the right to remain silent, anything you say can and will be used against you in the court of law. You have the right to an attorney, if you cannot afford an attorney one will be provided for you. These famous words came from Miranda vs. Arizona, a Supreme Court case that took place March 13, 1963 when Ernesto Miranda was arrested by the Phoenix Police Department, who failed to advise him of his rights to an attorney and his rights to remain silent. This case has given alleged offenders a chance to have their voice be heard and gives them an opportunity to have a fair trial.…

    • 906 Words
    • 4 Pages
    Better Essays
  • Better Essays

    Miranda V

    • 1425 Words
    • 4 Pages

    Ernesto Miranda was arrested for kidnapping and rape of an 18 year old girl by Phoenix Police Department. 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 interrogation. The signed statement included a statement that Mr. Miranda was aware of his rights. On March 13, 1963, Ernesto Miranda, a Mexican immigrant living in Phoenix, Arizona, was identified in a police lineup by a woman, who accused him of kidnapping and raping her. Miranda was arrested and questioned by the police for two hours until he confessed to the crimes. During the interrogation, police did not tell Miranda about his Fifth Amendment protection against self-incrimination or his Sixth Amendment right to an attorney. The case went to trial in an Arizona state court and the prosecutor used the confession as evidence against Miranda, who was convicted and sentenced to 20 to 30 years in prison. However, at no time was Miranda told of his right to counsel. Prior to being presented with the form on which he was asked to write out the confession he had already given orally, he was not advised of his right to remain silent, nor was he informed that his statements during the interrogation would be used against him.…

    • 1425 Words
    • 4 Pages
    Better Essays
  • Better Essays

    Miranda vs. Arizona is landmark case that has changed history and the manner of how defendants are notified of their rights before relinquishing any information about a crime. Miranda was implemented so no someone else could suffer for a crime and not become aware of their rights. Defendants should be informed of the charges and their rights before they are arrested for any alleged crime. If law enforcement officials fail to properly notify the accused of their rights the chances of them paying the price of crime could possibly be extremely slim to none. Or the defendant may face charges for a crime that he or she did not commit.…

    • 1525 Words
    • 7 Pages
    Better Essays
  • Good Essays

    Miranda Warning

    • 912 Words
    • 4 Pages

    Upon the case Miranda vs. Arizona the Supreme Court decided that citizens must be aware of their fifth and sixth Amendment rights upon questioning by the police. Fifth Amendment: “…No person shall be compelled in any criminal case to be a witness against himself…” Sixth Amendment: “…In all criminal prosecutions, the accused shall enjoy the right to have the Assistance of Counsel for his defense.” The Supreme Court created the Miranda warning that a police officer must read to the suspect before questioning if they wish to have the evidence obtained during the questioning used in the court of law. Miranda warning: “You have the right to remain silent. Anything you say can and will be used against you in a court of law. You have the right to speak to an attorney, and to have an attorney present during any questioning. If you cannot afford a lawyer, one will be provided for you at government expense.” If the Miranda Warning was not read to the person in custody before questioning, any evidence obtained from the suspect during the questioning shall be…

    • 912 Words
    • 4 Pages
    Good Essays
  • Good Essays

    Miranda vs Arizona

    • 742 Words
    • 3 Pages

    This all started because an officer did not tell him his rights. A kidnapping and rape happened in Phoenix, Arizona, in March 1966. Ernesto Miranda, who was 23, was arrested in his home to be taken to the police station where he was picked out by the young lady who got raped. Later that day he was interrogated by two officers for about two hours about the crime he had committed. Ernesto Miranda was not told of his rights prior to questioning. After those two hours the police officers came out with a written confession signed by Ernesto Miranda, saying that he had “full knowledge of my legal rights, understanding any statement I make may be used against me,” and he did not claim those rights. Ernesto Miranda did not receive assistance of an attorney during questioning, or at the beginning of the hearing, and was not aware he had the right to discuss with an attorney…

    • 742 Words
    • 3 Pages
    Good Essays
  • Good Essays

    Miranda is a ruling which says that the accused have the right to remain silent and prosecutors may not use statements made by them while in police custody, unless the police advice them of their rights. In other words, a police officer must inform a suspect of this fundamental right, under the Fifth Amendment, at the time of their arrest and or interrogation. Miranda protect ignorant suspects from incriminating themselves.…

    • 568 Words
    • 3 Pages
    Good Essays
  • Satisfactory Essays

    Criminal Justice

    • 416 Words
    • 2 Pages

    References: (2010) WARREN, C.J., Opinion of the Court SUPREME COURT OF THE UNITED STATES 384 U.S. 436 Miranda v. Arizona CERTIORARI TO THE SUPREME COURT OF ARIZONA retrieved on September 13, 2010…

    • 416 Words
    • 2 Pages
    Satisfactory Essays
  • Good Essays

    Do you know that Miranda is more than words? Miranda Law is more than just only words it is rights. Miranda Law gives us rights in the courtroom, or when getting arrested. When Miranda Law is read to you. Important of Miranda Rights. Miranda makes it fair for everyone. Miranda is more than words. Somethings it is called Miranda Warning. The police will read this to you whlie you are being arresed. The police have to read this to you even if they do not want to. The trials must stay fair at all times.…

    • 508 Words
    • 3 Pages
    Good Essays
  • Powerful Essays

    However, he had not been truly informed of his right to counsel, the right to remain silent, and the fact that his statement could be used against him. He was subsequently convicted of rape and kidnapping. He later filed an appeal stating that his confession was not voluntary and should not have been used against him. The Supreme Court of the United States, in the case of Miranda v. Arizona ruled that no confession could be admissible under the 5th amendment self-incrimination clause and the 6th amendment right to attorney unless a suspect had been made aware of his rights and waived them. It became a common law to state the Miranda Warnings before questioning somebody. It was a law before, but it wasn’t enforced until after 1966, which is significant to the case as Miranda had rights, but he wasn’t aware of all of them, particularly the ones that are now the Miranda Rights and the Miranda Warnings. The Miranda Warnings were thought to be a temporary idea, however it has lasted for more than half a century. Miranda v. Arizona was not the…

    • 1400 Words
    • 6 Pages
    Powerful Essays
  • Good Essays

    The Rule of law requires that police advise people who are both in custody and interrogated of their constitutional right from the Fifth Amendment not to incriminate themselves.…

    • 353 Words
    • 2 Pages
    Good Essays
  • Good Essays

    Miranda V. Arizona

    • 678 Words
    • 3 Pages

    Facts: In March 1963 Ernesto Miranda, 23, was arrested in his home, taken to the police station for being accused in a sexual assult case. Once identified by the victim he was taken into an interrogation room where he was to give his confession but Miranda was not told of his rights to counsel prior to questioning. He did though, sign a typed disclaimer that stated he had “full knowledge of my legal rights, understanding any statement I make may be used against me,” and that he had knowingly waived those rights.…

    • 678 Words
    • 3 Pages
    Good Essays