Week 4 - Miranda V Arizona

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Running head: MIRANDA V. ARIZONA 1 Miranda V. Arizona Zaida Rivera University of Phoenix CJA:315/Criminal Procedure Gary Weil 31 January 2024

MIRANDA V. ARIZONA 2 On March 13, 1963, Ernesto Miranda was arrested at his home and taken to the police station for questioning regarding the kidnapping and rape of a woman. He was questioned for two hours in which police officials used different tactics to get him to confess. This resulted in a written confession of committing the crimes he was being accused of. While at the time this may have been considered a “win” for law enforcement, the officers failed to advise him of his right to have legal counsel present during the interrogation process. Once on trial, a jury found Ernesto Miranda guilty of the kidnapping and rape he admitted to during his interrogation. He then appealed the conviction to the state of Arizona, with the argument that he was not informed of his fifth amendment right against self-incrimination, or his right to have an attorney present. In the end, the Supreme Court of Arizona upheld the conviction. Following the verdict of his appeal in Arizona, Ernesto Miranda then appealed to The Supreme Court of the United States with the same argument. In 1996, The Supreme Court of the United States ruled in the case of Miranda v. Arizona in a 5-4 decision written by Chief Justice Earl Warren that the prosecution cannot introduce Miranda’s confession as evidence because the police had failed inform him of his rights to an attorney, and against self-incrimination. Moreover, the court reversed Mr. Miranda’s conviction and ordered that the state of Arizona give him a new fair trial. This case became a landmark that affected the rights of the accused as well as the responsibilities of law enforcement. As a result of this case, people who are detained by the police are read their Miranda rights which is intended to protect that suspects fifth amendment, and it goes as follows: “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. If you cannot afford an attorney, one will be appointed for you,” (Miranda Rights, Revise).

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