The Miranda Rights Case

Ernesto Miranda’s written confession confession included a signed statement saying that he had a full understanding of his fifth amendment rights. Miranda argued that he was never told his rights nor did he understand them. In the fifth amendment of the United States constitution it says that an accused person cannot be forced to witness against their self, also the sixth amendment states that the accused shall have the assistance of counsel for his defense. Miranda claimed that he neither knew his fifth amendment right to remain silent or his right to have a lawyer present during questioning. He argued that a suspect who didn’t have any prior knowledge of his rights would feel pressured to answer all the questions posed by the interrogators. They used his written testimony to convict Miranda. Since Miranda didn’t know he didn’t have to answer all the questions, his confession wasn’t voluntary (alavardohistory). Therefore since it wasn’t voluntary he was forced to “witness” against himself. As a result the actions of the police violated the fifth amendment.

Miranda rights are part of a routine police procedure in the United States that ensures that suspects in police custody are informed of their rights before questioning. This was a landmark decision of the United States Supreme Court after, Miranda, a suspect of rape and kidnapping was sentenced to 20-30 years imprisonment without being informed of his constitutional rights before interrogation. The court ruled that statements made in response to interrogations by a defendant in a police custody will be admissible at trial if only the prosecution can show that the defendant was informed of the right to consult an attorney and the right against self-incrimination.

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.

The Miranda Rights, also known as the Miranda Warning, were derived from the 5th and 6th amendments in which they guarantee all people who are taken into arrest the right to trial, council, and to be appointed a lawyer. Although not explicitly expressed in the constitution, the Miranda rights provide the necessary precautions for self-incrimination and proper trial by providing those who have been arrested or incarcerated a brief description of the rights the individual is guaranteed to. It also provides the means for lawfully gathering information such as confessions and testimony from criminals for use in a court and trial. Often individuals who are taken into custody are not fully aware of one’s rights, especially the right to maintain silent, and this in turn can lead to information being given that may lead to the accused to be unlawfully tried and placed in jail for long periods of time.

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.

((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).)

Even though Ernesto Miranda was sentenced to prison and spent 11years in the correctional system, his case became famous and obtained historical significance. Specifically, the society was alarmed by the increasing police powers and negligence on the duty, which may lead to self-incrimination (Zalman, 2010). Given that Miranda was not aware of his Fifth Amendment right and was not given any warning, the police certainly violated the law; therefore, the prosecution could not have utilized Miranda’s confession as the evidence in a criminal trial. This fact was later used in the newspapers and other media to create a controversy. The Fifth and Sixth Amendments rights gained significant attention in public because they provided suspected persons

The Supreme Court ruled a few decades ago that people had to be made aware of their rights. At the time, many individuals under arrest submitted to interrogations without a lawyer because they were unaware of their legal rights. Now, a Miranda warning is required

The Miranda v. Arizona case holds that a person in police custody cannot be questioned without being told that he or she has the right to remain silent, he or she has the right to a lawyer (at government expense if the person can’t pay for it, and lastly that anything the person says after knowing of these rights can be used as evidence of guilt at trial. This case makes sure that a person in custody will not give up without knowing the Fifth amendment, which gives the criminal the right to refuse to be a witness against themself and the sixth amendment, which gives the criminal a right to a lawyer. Without these two fundamental rights, the court will rule the case “dispel the compulsion inherent in custodial surroundings” “no statement obtained from the defendant can truly be used for the product of their free choice.”

Between February and March of 1966 the Supreme Court case, Miranda vs. Arizona took place (Worrall, 2015). In this case, a man named Ernesto Miranda was arrested in Arizona because he was accused of raping a woman. Miranda was interrogated by officers for two hours before confessing both written and orally. He was charged with kidnapping and rape and sentenced to 20-30 years in prison. While this case is the main thing upholding the Supreme Court’s ruling, there were three other cases backing their decision – Vignera vs. New York, Westover vs. United States, and California vs. Stewart. Based on these three cases, the Supreme Court upheld that before any questioning a suspect must be aware that they have the right to remain silent, that anything they say can and will be used against them in a court of law, that they have the right to the presence of an attorney, and that if they cannot afford an attorney one will be appointed to them before interrogation (Facts and Case Summary – Miranda v Arizona). This ruling has been implied in all criminal cases since and anytime these rights are not read to a suspect they are acquitted. Miranda vs. Arizona has been the face of a very big change in the way the criminal justice system is run and will continue to be for many years to come.

In March 2, 1963, eighteen-year-old Barbara Ann Johnson was accosted by a man who shoved her into his car, tied her hands and ankles, and drove her to the edge of the city, where he raped her. He then drove Johnson to a street near her home, letting her out of the car and asking that she pray for him. Phoenix police later picked up Ernesto Miranda for investigation of the Johnson’s rape and included him in a lineup at the police station. Miranda was identified by several women one of them identified him as the man who had robbed her at knifepoint a few months earlier, and Johnson thought he was the rapist. At trial, Miranda’s court-appointed attorney got the officers to admit that during the interrogation the defendant was not informed of his

The Miranda rights are not explicitly stated in the constitution, however the constitution does guarantee against self-incrimination by the 5th amendment and the right to council by the 6th amendment. Law enforcement officials are run by the department of justice, they are responsible for reading these rights to all people they arrest and in my opinion I feel that the officials do a good job of ensuring that all people they detain are read their Miranda rights.