Miranda Rights Essay

First, Miranda v. Arizona all started on March 2, 1963, when an 18-year-old Phoenix woman told police that she had been kidnapped, taken to a part of desert land in Arizona, and was raped. She was given a polygraph test, but the results were inadequate. While tracking the license plate number, they came upon a vehicle, similar to that of the women’s attacker, linking them to a man named Ernesto Miranda, who was booked for being a peeping tom. When they put a police line-up for the women to pick out Ernesto, she couldn’t identify, but he was still questioned by police. Police began to interrogate Mr. Miranda and never read him his rights, before interrogation. The interrogation lasted two- hours, in which Miranda supposedly admitted to committing the crimes, and the police had an audio recording of the entire interview. Ernesto had never finished ninth grade and had a history of mental uncertainty.

Everyone has heard the term Miranda Rights, whether that be when taking a law class, during the course of a television show, or perhaps through personal experience with their use, but what do these two words really mean, where did they come from and how to they apply to an individual's everyday life? The answers to this question are neither simple nor fully answered today, as challenges to Miranda Rights appear in courtrooms routinely. However, the basis for Miranda Rights can be traced back to a landmark case handed down from the Supreme Court of the United States in 1965 entitled Miranda v. Arizona. Ernesto Miranda was an immigrant from Mexico living in the Phoenix, Arizona area in 1963 when he was accused of

In March of 1963, the Phoenix Police Department brought in an accused to their departments to investigate him. Upon arriving to the police department two detectives interrogated him about the rape of a mildly, handicap young woman and a kidnap. After two hours of interrogating the suspect, Ernesto Miranda, confessed to the crime just after the detectives told him the victim had identified him in a lineup. Ernesto Miranda was found guilty of both crimes and was sentenced to twenty to thirty years in prison. In 1966, three years later, Miranda’s sentence was overturned by the Supreme Court due to the fact that Miranda was not notified about his fifth or sixth amendment. His fifth amendment gave him the right to avoid self-incrimination by

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 police questioning, if you cannot afford an attorney, one will be appointed to you by the state. These words have preceded every arrest since Miranda v. Arizona 1966, informing every detained person of his rights before any type of formal police questioning begins. This issue has been a hot topic for decades causing arguments over whether or not the Miranda Warnings should or should not continue to be part of police practices, and judicial procedures. In this paper, the author intends to explore many aspects of the Miranda

In this case Miranda was not told his rights, and he served as a witness against himself. Also, as soon as he was arrested he should have been read his rights and should have known that he had the right to not speak until he had an attorney with him. Miranda did not know this at the time he was arrested. Miranda’s team appealed his case to the Supreme Court of Arizona, the highest state court in Arizona. The court upheld the lower court's decision, therefore keeping the punishment. About 3 years later, the US Supreme Court read over the Miranda V Arizona case. They had seen the paper that had Miranda's confession written on saying “this confession was made with full knowledge of my legal rights, understanding any statement I make may be used against me.” However, they were certain that Miranda was not told his rights by the

Miranda v. arizona is a watershed moment in law enforcement because it is a right to silence warning given by police in the united states, to criminal suspect in police custody before they are statement against them in criminal proceeding. My other evidence is that it is important to say the miranda right to a criminals because if you don't say the rights to them while he or she is getting arrested than there will be no charges for the man or women and likely get released from jail and he or she can go free like nothing happen so that is why it is important for an officer to say the miranda rights. My other piece of evidence is that in an article i read said that in 1966 the supreme court decide the historic case of miranda v. arizona

Miranda vs. Arizona is one of the most crucial U.S. Supreme Court cases ever held in the United States. The case causes the Supreme Court to redefine law enforcement procedures before interrogations. The decision that was reached by the Supreme Court addressed four different cases involving custodial interrogations. All of these cases are similar in the fact that there was a custodial interrogation where the suspect was not properly informed of his constitutional rights to remain silent and have a presence of an attorney. Additionally, in all of the cases besides Stewart v. California, the conviction was affirmed without any belief that there was a violation of constitutional rights.

In today’s society, the average American does not know their Constitutional rights. They lack the basic knowledge of the rights that could possibly save them when encountering the law. Often the demographic that does not know their rights under the constitution are minority groups such as African Americans. This puts them at a disadvantage with the law. Knowing your basic rights such as: The miranda rights , freedom of speech, the right to bear arms and the right to petition and assemble is important to survive in today’s society called America.

Whenever a crime takes place, the police arrive at the scene and must tell the one they arrested the Miranda rights. In world book online: Stanley L. Kutler, Ph.D notes, “Miranda V. Arizona was a case in which the supreme court in the United States limited the power of police to question suspects.” Miranda was a criminal who kidnapped and raped several women. He was not able to understand English very well, for Spanish was his language. When he was arrested, he was interrogated for about two hours. He was not given his rights in Spanish, therefore he did understand what they had told him. This means he was not given his right to an attorney or to remain silent. He then confessed orally and in written form. He then took it to the supreme court.

Miranda vs. Arizona addressed four different cases involving custodial interrogations. In each of the cases, the defendant was questioned without being given warning of his Fifth Amendment rights. In each of the cases, the questioning resulted in oral admissions, and three of the cases resulted in signed statements that were later admitted at trial. At trial, each defendant was found guilty.

The case Miranda v. Arizona that took place in 1963 changed the way police officer question/interrogate their suspect. Back in those days, police officers used to get away with interrogating suspects without informing them of their constitutional rights until the Miranda case came about. Concerning the Miranda case, the Supreme Court ruled that by detaining suspects before questioning they must be informed of their constitutional right to an attorney and against self-incrimination (“Miranda v. Arizona,” 2006). In the year 1963, Ernesto Miranda was arrested in Phoenix. He was charged with rape, kidnapping, and robbery. The police officers that arrested him begin to question him without informing him of his constitutional rights to an attorney

((2015). 14th Amendment) Miranda v. Arizona case Ernesto Miranda was not given equal rights throughout his arrest. From the right to remain silent, self-incrimination, and to right to attorney these are the basic step to obtaining a proper way to arrest. This is lead to the Miranda Right’s “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 provided for you. Do you understand the rights I have just read to you? With these rights in mind, do you wish to speak to me?” (What Are Your…Rights? (2015).)

Miranda vs. Arizona began with Ernesto Miranda, who had been charged with many serious crimes such as rape, kidnapping,

In 1966 the Supreme Court ruled that law enforcement must inform detained criminal suspects of their constitutional rights prior to police interrogation. This decision was the result of the Miranda v. Arizona case. The case began in 1963 when a man by the name of Ernesto Miranda was arrested and charged with robbery, rape, and kidnapping. Miranda was not informed of his constitutional rights prior to his interrogation. In addition, during his questioning Miranda had no counsel present despite the fact that he had a history of mental instability. Within the two hours he was questioned, Miranda allegedly confessed to the charges. His confession then went on to serve as the only evidence presented at the trial. Miranda was

legally placed under arrest. This decision was based on a case which defendant Ernesto Miranda,