Miranda V. Arizona Law

First evolving from the fathering of the earliest form of the English law enforcement practices, the fifth amendment brought a verity of protection to every citizen of the united states. An important exception was added in the mid to late 80’s with the Miranda court case, when the U.S. Supreme Court found it that if public safety is at immediate risk, a suspect's statements are admissible in court, even if his or her Miranda rights have not been explained. (Erastus-Obilo, Bethel. Everything You Need to Know About Miranda Rights and Warning. Newmarket, Ont., BrainMass, 2012.) Before one can discuss the fifth amendment in further depth one must

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.

If you ever have been arrested or questioned for a crime, you are probably familiar with the following words: “you have the right to remain silent. Anything you say can and will be used against you in court of law. You have the right to talk to lawyer and have him present with you while being questioned by police officers, if you cannot afford an attorney, one will be appointed to you before any questioning.” Those are the most common words throughout law enforcement agencies. Those words are now mandatory to be said by an officer arresting a criminal because of one man, Ernesto Miranda. Where did the Miranda rights come from and why do we have them? What do the Miranda rights mean to you? And are they a positive or negative thing for the population?

Miranda V. Arizona has been a case that impacted our police officers and offenders and is still in place today. In 1996 Phoenix Arizona Ernesto Miranda a 18 year old school drop out with a 8th grade reading level was convicted of kidnaping and rapping a 18 year old girl.. He was a troubled teen growing up convicted of small offenses but this offense made the headlights. The women who was raped went home and told her family, one day her brother sees a car that matches the description and part of the license plate Ernesto Miranda’s car matching the description and was asked to come down to the police station for questioning. Ernesto Miranda lines up with other men on a line and the women says “that looks like him but I would have to hear his voice to fully identify him”, As the integration went on he was told that a women had positively accused him, which was false. Not only did the police lie to him but after that the investigation was on for two hours, he then signed a written confession. He was found guilty and He later states that he had no right to counsel and was never read his rights this case was taken to the Arizona supreme court. The court supported the ruling so Miranda and his lawyer now took it to the united states supreme court , the constitutional issue was the 5th amendment establish the people’s rights to not have witness against them self and the 6th amendment which guarantees criminal defendants the right to an attorney was also violated. In the Supreme

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

Arizona was of course the Miranda Rights that a peace officer is supposed to tell you when they say they arrested the following “1)You have the right to remain silent. 2)Anything you say can and will be used against you in a court of law. 3)You have the right to speak to an attorney, and to have an attorney present during any questioning.” It is basically is what it states that the officer tells you your rights so you can’t say you didn't know your rights and do the whole thing Miranda did.Morrow, Stephanie. "Know Your Rights: What Are Miranda Rights?"Legalzoom.com. N.p., May 2010. Web. 28 Oct. 2014. If I was on the Supreme Court and Miranda came, saying he did not know his rights, so his confession of him rapping and kidnapping a woman is not valid ,i would get down from my chair going up to his face and say you must be one dumb person if you think ima let you get away with this sick and vile crime you have committed.However, if i were to do it the legal way I would do everything in my power to help him get a fair trial where he knows his rights perfectly clear and do my best to get him life in prison without the chance of parole. I would do that because he knew what he was doing was breaking the law and just plain wrong, so i don’t see why he would get off a crime like that because he didn't know his

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 the case Miranda vs. Arizona. This case goes against the 5th and 6th amendments. Miranda says that the police had violated his 5th Amendment right to remain silent and his 6th Amendment right to legal counsel. Miranda addressed the Escobedo rule which states evidence obtained from an illegally obtained confession is inadmissible in court. Also addressed was the Gideon rule which states all felony defendants have the right to attorney. But the police say that Miranda completely voluntarily signed the confession.

The Supreme Court case Miranda v. Arizona in 1966 affected the rights of the accused and the responsibilities of law enforcement. Miranda v. Arizona is known as the “right to remain silent” case. “I must tell you first you have the right to remain silent. If you choose not to remain silent, anything you say or write can and will be used as evidence against you in court. You have the right to consult a lawyer before any questioning, and you have the right to have the lawyer present with you during any questioning. You not only have the right to consult with a lawyer before any questioning, but if you lack the financial ability to retain a lawyer, a lawyer will be appointed to represent you before any questioning, and to be present with you

Miranda Warnings reaffirmed the rights afforded by the Fifth and Sixth Amendments: all U.S. citizens have the right to remain silent so as not to incriminate themselves, as well as the right to due process in a court of law before a jury of their peers.

These amendments make it known that all people have the right to choose whether or not to speak when being questioned, consult with an attorney, be tried by and unbiased jury and be granted a public attorney if necessary (Document E). In the case of Ernesto Miranda, he did not know he had these rights. Therefore, the court could not see his confession as admissible. He was unaware that he could keep quiet if he wanted to and instead his inquisitors pushed him to confess. He did not know he had the right to a lawyer and therefore was on his own deciding how to go about the threat to his future. It has always been tradition that prosecutors could not take confessions into court if investigators used coercion or torture of any kind to gain the confession. This has been in place since the 1600s, as shown by the Laws of Connecticut Colony at the time, which stated “no man shall be forced … to confess any crime against himself” (Document B). This tradition has been present throughout centuries and has only been being more refined and updated as time goes on. The Miranda rulings allowed for yet another opportunity to revamp these rights not only by making sure that people have their rights, but also by making sure that they know explicitly that they have the

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

The Miranda vs. Arizona all started when Ernesto Miranda was accused for kidnapping and raping a woman. The Miranda right came to be when law enforcement failed to read Ernesto his right. This case was so big that the whole state of Arizona was involved. I believe that Miranda vs. Arizona does ensure justice and preserve liberty.

The United States of America prides itself on being a nation in which the people’s rights are put first and foremost. We can speak how we like and do almost anything we want, which are luxuries that people in many other countries are not given. Our Miranda Rights are an example of a guarantee that the American people are given that, at first, was not widespread throughout the world. It was Miranda vs. Arizona that established this vital warning that would enforce the constitutional rights of not only criminals, but of all citizens, and ensure that no American would be incriminated against without knowing their rights.

The law enforcement official must obtain verbal or written verification that the criminal suspect understands his right to maintain silence. The law enforcement official must then say “Anything you do or say can and will be used against you in a court of law”. Again, the official must obtain verbal or written verification that the criminal suspects understands what is being said to them. The next statement is “You have the right to an attorney before speaking or have an attorney present during any questioning now or in the future. Again, verification of understanding must be established. That statement is then followed by “If you can’t afford an attorney one will be appointed for you before any questioning if you choose. The next Miranda right states that “ If you decide to answer questions now without an attorney present you will still have the right to stop answering at any time until you talk to an attorney. The last Miranda right specifically asks “Knowing and understanding your rights as I have explained them to you, are you willing to answer my questions without an attorney present?” Again after each and every statement given by the law enforcement official verbal or written verification that the suspect understands must be obtained.