Persuasive Essay On Miranda Rights

The Miranda v. Arizona case was issued by the United States Supreme court in 1966. The Supreme court stated criminal suspects must be told their rights to consult with an attorney and their rights against self incrimination questions by police officer. The law is intended to protect an individuals 5th amendment, which wasnt the case in the Miranda v. Arizona. Ernesto Miranda was accused of rape and Kidnapping in March 1963 that accumulated to 20-30 years in prison. Miranda never was informed of his rights that lead to what is called the Miranda Rights. This law provides people with the 5th amendment and 6th amendment so they wont be violated anymore.

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.

The Miranda warning is a landmark case, the Supreme Court decided five to four majority in the case Miranda v. Arizona in 1966, stating that the Constitution’s Fifth Amendment prohibition against self-implication connected to a person in the custody of a police officer or denied of his opportunity of activity in any substantial way. However, with the specific objective to protect this benefit, the Court ruled, person must, before any questioning, be warned that he has a right to remain silent, that any statement he does make may be used as evidence against him, and that he has right to presence of an attorney, retained or appointed (Miranda v. Arizona 384 U.S. 436 (1966). Which allow the right individuals to have an attorney present prior to be questioning. Miranda warning is used and enforced by all law enforcement in the United States. It was established because of the incident of March 13, 1963, with Ernesto Miranda. The Phoenix Police Department arrested Miranda on circumstantial evidence which linked him to kidnap and rape of an eighteen year old woman a

The Miranda rights were named after a criminal named Ernesto Miranda. Ernesto Miranda was a poor Mexican immigrant who resided in Phoenix, Arizona, in 1963 Miranda was arrested after a crime victim identified him in a police line-up. Miranda was charged with the raping of an eighteen year old female, kidnapping and armed robbery, he was interrogated for two hours while in police custody; during this time he signed a written confession of committing the crimes he was accused for. His confession was later used against him in court. After the conviction, Miranda’s lawyers appealed arguing that Ernesto Miranda did not know that he was protected from self-discrimination (when you imply you’re guilty even if you’re not.) The police officers who interrogated him for almost 3 hours did not read him his Fifth Amendment right against self-incrimination or sixth amendment which guarantees any criminal the right to an attorney. Miranda v. Arizona went all the way up to Supreme Court. There the Supreme Court ruled that police officers have the responsibility to inform the subject of their constitutional

The Miranda v Arizona case was combined with three other similar cases. When the Supreme Court handed down the decision 5-4 in Miranda's favor, the resulting rights afforded to those being questioned or detained by police became popularly known as Miranda Rights. Miranda Rights must include the following as described by Supreme Court Chief Justice Earl Warren:

In 1965, the Supreme Court of the United States agreed to hear Miranda 's case. At the same time, the Court agreed to hear three similar cases. The Court combined all the cases into one case. Since Miranda was listed first among the four cases considered by the Court, the decision came to be known by that name. The decision in Miranda v. Arizona was handed down in 1966. (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

Miranda v. Arizona was a case where Ernesto Miranda was accused of raping a women. At the time of his arrest he did not know his rights and that he had the right to remain silent and get a lawyer. He confessed orally and in a written form, but he never knew his

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

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

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

Today, for law enforcement officials, the Miranda warnings have been deeply absorbed into standard operating procedures. 38 years after Miranda v. Arizona was decided some have made attempts to overturn the decision, however, the majority of law enforcement officials feel that the decision should remain in effect. Miranda warnings have become extremely familiar to the majority of U.S. citizens over the past decades through movies and television. Miranda warnings have come to play a very unique and immensely important role in the nation' s conception of the U.S. criminal justice system. Miranda warnings promote public confidence that our criminal justice system is fair (Frieden 1999).

In conclusion the case Miranda Vs. Arizona was a huge part of U.S. history because it called up constitutional issues and it changed the process or made it more secure when you get arrested. If this case had never happened there would have been other cases just like this and that would not have been good. If this case had never had happened the interrogation process would be very different. This case changed the United States of America

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