The Miranda's Rights : The Bill Of Rights

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

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.

Throughout the interrogation, the police did not tell Miranda about his Fifth Amendment protection against self-incrimination or his Sixth Amendment right to an attorney (“Miranda v. Arizona Podcast”). Miranda was question for two hours without a lawyer. Miranda eventually gave the police details of the crime that closely matched the victims story. He agreed to write his confession in a written statement which he wrote out under the words, “this confession was made with full knowledge of my legal rights, understanding any statement I make may be used against me” (“Miranda Rights”). His confession was used as evidence when he was tried and convicted for the crime by the court.

((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).)

There is also many individuals that do not understand the law that can legally waive them without realizing it. Those people that do not understand the law are at a disadvantage and can be taken advantage of. Being able to understand the Miranda Rights is important for every individuals but not everyone will actually know the true meaning of what it protects them of. Another con to this is giving people the right to not speak if a officer is trying to interrogate them.This can be a problem if the suspect know information that can help the officer find someone or help someone from a dangerous situtation in many

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

With the warning also being so common in the media, the actual meaning and representation of the warning is mostly lost to many suspects not fully understanding what its full meaning is. They may not be of sound mind or they may even be too emotional to grasp its meaning that it is their rights to use and exercise. Whatever be the case, the individual’s emotional and mental state plays a huge part in how they comprehend what is going on. In most cases, the reading of the warning is crucial to how the suspect interprets it. If the officer states it angrily, the suspect may be too intimidated to understand that they have been told their rights rather than if the officer were to state it calmly and in a mild tone. Most individuals also come from a background where they do not possess enough familiarity with the law or the Constitution to be able to exercise these rights (Galatzer-Levy & Galatzer-Levy, 2012). Shortly after the Miranda decision came into being, its value questioned as to whether it would be of use to everyday law enforcement. Chief Justice Earl Warren stated that in his opinion concerning the Miranda case, "cases before us raise questions which go to the roots of our concepts of American criminal jurisprudence: the restraints society must observe consistent with the Federal Constitution in prosecuting individuals for crime." The court’s ruling that all interrogations involve the “application of state power” has had the effect that some police officers will go to drastic measures to obtain the confession that they so desire (Zalman & Smith, 2007). The suspect may also decide to waive their rights. Since there is not a standard rule in place regarding the waiver, some states have decided that the best way they can handle it would be to have the suspect sign a waiver form

Miranda also protects suspects from fanatical law enforcement officials. Although most law-enforcement officials are nice men and women, some conduct ill-usage of their power. They may try to pressure suspects

The Miranda rights are the rights a law enforcement will have to advise an individual once the police officer arrests that particular person. It is actually the indication that officers of the law provide suspects to ensure that they are aware of their rights before they are interrogated. It was in fact a law created after the investigations of the Miranda vs. Arizona case. The case was comparable because it was a 5-4 conclusion. The court determined that any form of evidence, may it be incriminating as well as evidence of innocence, should be considered to be proof in a case; but could only be considered whenever the police let the suspect understand that they have the right to legal representation before and also throughout questioning and that the suspect may be quiet to prevent self-incrimination before an interrogation. This can be a staple whenever police arrests are done. I am going to specify the reason why I think that the Miranda Rights are not needed any longer.

The U. S. Const. amend. IV, states that the rights of the people are to be secure in their homes and person, papers and effects, shall not be violated by unreasonable search and seizure, and no warrants shall be issued unless it is supported by probable cause. [2] Probable cause clearly states that a person, items, and places to be searched must be approved by a judge or magistrate to give officers the legal right to move forward. The U. S. Const. amend. V provides as a safe guard to prevent officials from illegally gathering self-incriminatory statements; therefore, the Miranda warning is issued to provide individuals the right to waive or invoke their constitutional rights to remain silent. [3] Of course, the U. S. Const. amend. VI, provides an individual the right to counsel. [4]

So in simple terms Miranda Right is the right to remain silent when being held as a criminal suspect in on an ongoing case to prevent self-incrimination which is in direct violation with the Fifth Amendment. After the war of securing their independence from Britain the thirteen states created the Article of Confederation. Due to the experience with the British monarchy almost all Americans wanted government power to stay within their respected states. In doing so the Article of Confederation had a weak national government, which in turn cased quite a few major disputes between states. So they completely reorganized it and came up with the draft of the U.S Constitution that created a republican form of government.

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.

The second relevant point to make in support of the claim that accused people should be read their Miranda Rights is that these rights help avoid self-incrimination. For example, if these rights are not given, any statements made by the accused during interrogation may be turned against him or her while on trial. Additionally, if these rights are not given, the suspect may be pressured into a confession. In short, to maintain a fair and balanced legal system, people accused of a crime should be advised of their

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.

The United States Constitution protects for suspects right against compelled self-incrimination during a police interrogation, regardless of whether they are charged with a federal or state crime. In other words, he or she cannot be enforced to confess to an offense or any part of an offense. Also, the state constitution may protect suspects, but regardless of what protections the state constitution provides, the police must, at least, satisfy the relevant federal tests. Therefore, before they are interrogated, the police must always give them their “Miranda warnings.”