Premium Essay

Miranda V. Arizona

In: Historical Events

Submitted By flybatt
Words 498
Pages 2
David B. Wheeler Federal Government 2305 October 12, 2015

Miranda V. Arizona (1966) No. 759 In 1963 Ernesto Miranda was arrested for the kidnapping and rape of a 18 year old female although he confessed under police interrogation, he was never informed of his right to remain silent. Miranda was eventually convicted but appealed to the Supreme Court in 1966 claiming his confession was unconstitutional. In the case the Supreme Court was tasked with deciding whether or not law officials must inform a defendant of his or her rights prior to investigation. The court reviewed three other cases, in Vignera V. New York, Westover V. United States, and California V. Stewart in all these cases suspects were questioned by police officers, detectives, and prosecuting attorneys in rooms that where cut off from the outside world. In none of these cases were suspects given warnings of their rights at the outset of their interrogation. The case was argued between the days of Feb 28, Mar 1, & 2 (1966) on June 13, 1966 under Chief Justice Earl Warren who had presided over the landmark Brown V. Board of Education (1954). In a 5-4 decision the court overturned Miranda’s conviction because Miranda was not explicitly informed of his rights under the Fifth and Sixth Amendments of the Constitution thus to protect these rights in the face of widespread ignorance of the law the court devised statements that the police are required to tell a defendant who is being detained and interrogated. The mandatory Miranda Rights begin with” the right to remain silent” and continues with the statement...

Similar Documents

Premium Essay

Miranda V Arizona

...Miranda v. Arizona: Half a Century Later by: September 2nd, 2014 I. INTRODUCTION A. Executive Summary – In 1966, the U.S. Supreme Court deliberated the case Miranda v. Arizona the most important aspect of due process and criminal procedure ever affecting law enforcement and prosecutorial conduct of an investigation. The main issues in this case were: * The admissibility of a defendant’s statements if such statements were made while the defendant was held in police custody or deprived of freedom of movement in a significant way; * What procedures were required to guarantee the defendant’s privilege against self-incrimination according to the Fifth Amendment of the U.S. Constitution? This case is considered the summit of the criminal procedure evolution establishing specific procedures to safeguard the rights of defendants beyond the courtroom and onto the police station. The procedural details and the breadth of civil rights tangled in these four cases, made this decision the pinnacle case in the area of criminal procedure. Nowadays, this decision gave the name to what is widely known as the “Miranda Warnings” which include: 1. The suspect has the right to remain silent, 2. Anything he/she says may be used as evidence against him, 3. He/she has a right to the presence of an attorney during questioning, and 4. If indigent, he/she has a right to a lawyer selected for him without charge. II. STATEMENT OF FACTS RELATING TO THE...

Words: 1278 - Pages: 6

Premium Essay

Miranda V Arizona

...Miranda v. Arizona (1966) In 1963 Ernesto Miranda was arrested and charged with rape, kidnapping, and robbery (Landmark Cases). After being arrested, Miranda was interrogated for hours where Miranda allegedly confessed to the crimes. He then stood trial were this confession being the only evidence from the prosecution and he was convicted and sentenced to 20 to 30 years in prison. Ernesto Miranda never finished the ninth grade, had a history of mental problems and received no counsel during the interrogation or trial. Following his conviction, Miranda appealed to the Arizona Supreme Court “claiming that the police had unconstitutionally obtained his confession” (Landmark Cases). The court upheld the conviction. He then appealed to the U.S. Supreme Court, which finally looked at the case in 1966. Upon evaluation of the case the court found many flaws in the arrest of Ernesto Miranda. Under the Fifth Amendment the suspect has right to refuse to be a witness against himself and the Six Amendment, which gives a guarantee to a criminal defendants the right to an attorney (Landmark Cases). This is the police’s duty to inform all suspects of these rights, something that was not given prior to the two-hour interrogation. Chief Justice Earl Warren made this all part of the written decision in a 5-4 ruling by The Supreme Court that overturned the conviction of Ernesto Miranda (Landmark Cases). Ernesto Miranda would later be retried and convicted of the same crimes without......

Words: 416 - Pages: 2

Premium Essay

Miranda V Arizona Brief Irac

...Miranda v. Arizona, 384 U.S. 436 (1966). (1) Facts: Miranda was unaware of his rights under the Fifth Amendment of the United States Constitution and offered incriminating evidence during police interrogations. (2) Issues: The question is whether or not the police is required to notify the arrested defendants of their Fifth Amendment constitutional rights against self-incrimination before they interrogate the defendants? (3) Rule: The U.S. Supreme Court established a “bright line” rule to govern custodial interrogations, maintaining that they are inherently coercive because: (a) Suspects are held in strange surroundings where they’re not free to leave, and (b) Skilled police officers use unrefined methods to “crack” the will of suspects. The bright-line rule prevents police coercion while still allowing police pressure. During custodial interrogations, police must give suspects the famous four warnings: (a) You have a right to remain silent, (b) Anything you say can and will be used against you in court, (c) You have a right to a lawyer, and (d) If you can’t afford a lawyer, one will be appointed for you. (4) Application: The Supreme Court further explained that the process of interrogation is already intimidating, and the suspect must be read his rights to counteract this intimidation. Then the Court outlined the way in which a suspect must be informed of his rights. This must take place before the suspect is questioned, and an officer doesn't have to do it......

Words: 295 - Pages: 2

Premium Essay

Criminal Justice Ethics and Cultralperspectives

...DEVELOPMENT AND SCOPE OF THE MIRANDA WARNINGS Miranda v. Arizona - 384 U.S. 436 (1966) Ernesto Miranda, a 22 year old male, was accused of raping an 18 year old female in 1963. Upon his apprehension, Mr. Miranda was presented with a confession requiring his signature; Mr. Miranda underwent a police interrogation that was reported as spanning upwards of 2 hours – within his interrogation, he made a full confession, agreeing that he did so without duress, force, or threat. However, at no time was Mr. Miranda ever told about this right to council or his right to remain silent. Prior Proceedings: Mr. Miranda was charged with kidnapping Count I; and Rape, Count II; and pronounced guilty by the Superior Court, Maricopa County, Yale McFate, J., entered a judgment of guilty sentenced to serve from twenty to thirty years on each count, to run concurrently. (Arizona, 1965) Vignera v. New York, the defendant made oral admissions to the police after interrogation in the afternoon, and then signed an exculpatory statement upon being questioned by an assistant district attorney later the same evening. Westover v. United States, the defendant was handed over to the Federal Bureau of Investigation by local authorities after they had detained and interrogated him for a lengthy period, both at night and the following morning. After some two hours of questioning, the federal officers had obtained signed statements from the defendant California v. Stewart, the local police held the......

Words: 957 - Pages: 4

Free Essay

Crj 320 Wk 4 Quiz 4 Chapter 6 and 7

...to a. identify the person who is to be arrested. b. identify those responsible for a crime and eliminate the innocent from suspicion. c. ensure proper punishment. d. eliminate the innocent. 3. Two basic requirements for obtaining information are to a. listen and observe. c. observe and analyze. b. listen and respond. d. assess and evaluate. 4. Which of the following questions is most direct? a. “Were you around the area of the corner of 5th and Main last night?” b. “Where were you last night?” c. “Did you assault George Smith at 5th and Main last night?” d. “Why did you assault George?” 5. When conducting an interview, you should a. interview all witnesses at once. b. give first consideration to eyewitnesses. c. give the Miranda warning first. d. interview the victim or complainant first. 6. People may volunteer information if approached correctly. Consequently, the following technique is useful to demonstrate when conducting an interview. a. developing rapport b. developing an intimate relationship c. using bribery and gratuities d. using flattery and guile 7. The best place to interrogate a suspect is usually a. in the police vehicle. b. in the suspect’s home. c. at the...

Words: 2043 - Pages: 9

Premium Essay

Cja374

... 2 The Miranda v. Arizona was the biggest case ever in the United States. The Supreme Court argued four different cases because of the Miranda vs. Arizona case. These four different cases were heard and it was stated that 3 of the 4 cases had written statements that were admissible in court. In this paper we will describe the facts of the four cases, we will notate when they were argued, we will describe what lawyers argued what side, we will discuss the arguments of counsel about self-incrimination and we will write about why are the cases significant to a right to counsel and self-incrimination. Miranda vs. Arizona, in this case defendant Ernesto Miranda was 23 years old when he was arrested and charged with several crimes including rape and kidnapping. Ernesto Miranda was an immigrant that was living here in the United States of America. During his arrest Ernesto Miranda was notified of his constitutional rights, but in reality he wasn’t supposed to because he was not a citizen so he had no rights. Ernesto Miranda was taken in and then was questioned about the crimes that were committed, after a couple hours of interrogation Ernesto Miranda gave the police a written statement that he signed. In the statement that was signed by Ernesto Miranda it stated that he was aware of his constitutional rights. It was great that his case was overturned by the Supreme Court but after it was overturned Arizona gave him a retrial and he was found......

Words: 869 - Pages: 4

Premium Essay

Miranda vs Arizona

...Miranda v Arizona Westwood College Miranda v. Arizona Every time someone is arrested the police officer reads them their right, which was not always the case. They read as followed "you have the right to remain silent anything you say can and will be used against you in the court of law. You have the right to an attorney, if you can't afford one, one will be provided to you." But why do the officers have to remind the people of their rights, because of the Miranda v. Arizona case. Before the Miranda v. Arizona case people were not reminded or even aware that they had such rights. In the 1963 Ernesto Miranda was arrested for kidnap and rape. He was accused of kidnapping and raping a young girl and when the officers arrested Miranda and then the victim identified him. After the trial was done Miranda was found guilty because after being interrogated for a couple hours he confessed to the crime not knowing that the 5th amendment states you don't have to plead guilty if you do not want to. That is what self incrimination is, for example when Miranda was being asked about the crime he did not have to answer he could of just said he plead the 5th and said he wanted to wait for an attorney to both consult him and be with him while he was being interrogated. If Miranda would have known that he had that right he probably would not have incriminated himself. Miranda was also known to have some mental problems......

Words: 1127 - Pages: 5

Premium Essay

Miranda vs Arizona

...Facts In March 1963, Ernesto Miranda, of Phoenix, Arizona, was arrested in connection with the rape and kidnapping of women. While in custody and after 2 hours of interrogation, he confessed of robbery and attempted rape. His confession and the testimony of the victim were used in the trial. The judge of the Superior Court allowed the confession was used and Miranda was convicted and sentenced to 20-30 years in prison Miranda appealed the case to the Arizona Supreme Court; His lawyer argues that his confession should not be used in court because he had not been informed of their rights. Arizona Supreme Court rejected his appeal and upheld his conviction. Miranda then petitioned for the case to be heard by the United States Supreme Court. Intimidation deprives suspects of their basic freedom and may lead to false confessions. The defendant's right to a lawyer is during interrogation allows the offender to tell their story without fear, effectively, and in a way that all his rights will be protected. Issue: Legal issue The issue of this case is if the government is required to notify the accused detainees of their constitutional rights of the Fifth Amendment against self-incrimination before questioning the accused. The government has to notify detainees of their constitutional rights of the Fifth Amendment. The Amendment explain “the right to remain silent, it just mean all that they confess could be used against them in court, his right to counsel and their right......

Words: 510 - Pages: 3

Premium Essay

Court System Analysis

... Deana Bohenek This is an interview with Justice Tom C. Clark one of the nine Justices for the United States Supreme Court. The case Miranda v. Arizona was argued February 28, March 1st, and 2nd 1966 the decision was June 13th, 1966. The vote was 5 to 4 in favor of Miranda v. Arizona. Q. Where did this case originate? Mr. Justice Clark Miranda v. Arizona originated in Phoenix Arizona, when Ernesto Miranda an immigrant was arrested for kidnapping and rape, he was taken into custody and question for two hours by police until he confessed. What the police did was not inform Mr. Miranda of two rights he is entitled to. The 5th and 6th Amendment, the right to protect himself against self-incrimination and the right to have counseling. The case went to court, the prosecutor used his confession as evidence along with other evidence. Miranda was convicted and sentenced for 20 to 30 years in prison. Q. Were there any other cases similar to this being considered by the United States Supreme Court? Mr. Justice Clark Yes three others Virgira v. New York, Westover v. United States, California v. Stewart, all three of these cases were based on the accused were not informed of their 5th and 6th amendment rights of remaining silent, and the right to counsel. Q. Just how did the case of Miranda v. Arizona get to the U.S. Supreme Court? Mr. Justice Clark Anyone convicted of a crime has the right to appeal the conviction if they believe a legal error......

Words: 1127 - Pages: 5

Premium Essay

An Interview Within Court Systems

...judges named Tom C. Clark. The case that it will be about is the Miranda V. Arizona case, which took place in February through March within 1966 the ruling, came out in June of 1966. In the ruling of the case of the case a five to four vote, which the decision went to Miranda v. Arizona in the case (Hendrie, Edward M, 1997). Q. the origins of where this case located Justice Tom C. Clark. The case of Miranda V. Arizona located, within the city and state of Phoenix Arizona the person name Ernesto A. Miranda. That came in this area as an Immigrant from his native country arrested and accused of sexual assault and kidnapping, which they took Miranda in for questing. They held in questing for almost two hours, which made him confessed to the criminal act to the officers. However when in questing is Amendments was violated the fifth and sixth that is the person has a right to keep their selves from incriminating his or herself also they have a right to legal representation. Once they had the confession, they go to court in which the confession used by the prosecutor as evidence with other items. Because of this, the ruling did not go in his favor, and he was to 20-30 years behind bars (Hendrie, Edward M, 1997). Q. Have it been any cases are like this which considered in the Supreme Court? Justice Tom C. Clark. There have been other cases like this California v. Stewart, Westover v. the United States, Virgira v. New York. With the cases, they were on the bases, of the......

Words: 1439 - Pages: 6

Premium Essay

The History of Miranda Rights

...Case 9 January 2014 The History of Miranda Rights Miranda Rights is a ruling, based upon a U.S. Supreme Court decision in a 1966 case, that law-enforcement officers must warn a person taken into custody that he or she has the right to remain silent and is entitled to legal counsel. (legal-dictionary.com) Miranda rules prevent a person from self-incrimination. The fifth- amendment is an amendment to the US Constitution states that no person may be compelled to testify against himself; and a person can refuse to answer a question on the grounds that it might incriminate oneself. Miranda prevents criminal investigators form violating a suspect fifth-amendment rights. A series of unfortunate events led up to the Miranda Rights being implemented into the criminal justice system. On March 2nd, 1963 a young woman reported her tape to the Phoenix, Arizona police department. She told the police that she had been driven to the desert and raped by a male unfamiliar to her. Although her polygraph test was inconclusive they arrested Ernesto Miranda. Ernesto Miranda had a prior history as a peeping tom and his car fit the description provided by the victim. Another flaw from the beginning was the victim did not identify Miranda in a line-up before he was brought into police custody and interrogated. After being interrogated for hours the police received a full confession from Ernesto Miranda. Ernesto Miranda later recanted his statement that was given......

Words: 1300 - Pages: 6

Free Essay

Criminal Justice

...University of Phoenix Material Acquiring Admissible Statements Worksheet Conduct an Internet search by visiting the state websites for Arizona, Illinois, New York, and California. Locate the legal requirements to obtain admissible statements in these states. Include your research findings in the following table. |State |Legal requirements |Precedent |Other | |Arizona |The legal requirements for |Brown v. Illinois takes |The Private Safety Exception | | |obtaining admissible statements |precedent over the admissibility|states that when a suspect is in| | |under the Arizona law, according|of a statement, if the Fourth |need of medical help statements | | |to (Arizona Revised Statues, |Amendment is violated, then any |may be admitted even if the | | |Rules of Criminal Procedure, |material or evidence, which was |Miranda law was violated in | | |Rules of Evidence & More, n.d.),|gained from the violation of the|order to save that person’s | | |“admissibility statements under |Fourth Amendment, is also |life. | | |oath by a party or witness |inadmissible. ...

Words: 1519 - Pages: 7

Premium Essay

Miranda

... The Miranda Warning for the past decade, many organizations have sort to change many of the laws, governing our rights and freedom. These laws were passed by congress and upheld by the Supreme Court. The Miranda Warning is one of these laws. The Miranda Warning is intended to protect the guilty as well as the innocent and should be protected at all costs. Without the law, many suspects may be treated unfairly. It is a necessary safeguard. Miranda is a ruling which says that the accused have the right to remain silent and prosecutors may not use statements made by them while in police custody, unless the police advice them of their rights. In other words, a police officer must inform a suspect of this fundamental right, under the Fifth Amendment, at the time of their arrest and or interrogation. Miranda protect ignorant suspects from incriminating themselves. Does the Miranda Rights benefit the defendant too much where as the courts throw out voluntary confessions? The Fifth Amendment clearly states "No person shall be held to answer for a capital, or otherwise infamous crime, unless on a presentment or indictment of a Grand Jury, except in cases arising in the land or naval forces, or in the Militia. (U.S Constitution Fifth Amendment) When arresting citizens, officers must inform the individual of his or her rights or the statement that was said will be disregarded in the court of law. (U.S. Gov Info/Miranda: Right of Silence) These rights are called Miranda rights......

Words: 547 - Pages: 3

Free Essay

5th Amendment Right to Be Free of Self-Incrimination

...land or naval forces, or in the Militia, when in actual service in time of War or public danger; nor shall any person be subject for the same offense to be twice put in jeopardy of life or limb; nor shall be compelled in any criminal case to be a witness against himself, nor be deprived of life, liberty, or property, without due process of law; nor shall private property be taken for public use, without just compensation.” In summary, the 5th Amendment protects individuals from self-incrimination. Next let me briefly explain the Miranda v. Arizona case. In 1963, Ernesto Miranda was arrested for kidnapping and rape. After several hours of being interrogated, Miranda finally confessed and agreed to sign a written statement that included a typed disclaimer stating he had full acknowledgement of his legal rights to include understanding that any statements can be used against him and that he voluntarily waived his rights. In actuality, Miranda did not have an attorney present during his questioning, or at his preliminary hearing. The fact that he was not even aware that he had the right to consult with an attorney prior to his court appearance violated his constitutional rights. Consequently he was convicted of his charges and was sentenced to 20-30 years in prison. During Miranda’s appeal, his lawyer argued that he had been denied his constitutional rights for illegally obtaining his confession. Eventually his lawyer petitioned the U.S. Supreme Court to grant a......

Words: 606 - Pages: 3

Premium Essay

Legal Papers

...Miranda v. Arizona What are the important facts? Miranda was arrested for rape and kidnaping of an 18 year old girl. He was taken in custody. He was then interrogated by two police officers for two hours, which resulted in a signed, written confession. A written confessions were presented to the jury. Miranda was found guilty of kidnapping and rape and was sentenced to 20-30 years imprisonment on each count. On appeal, the Supreme Court of Arizona held that Miranda’s constitutional rights were not violated in obtaining the confession. What is the question the court is being asked to answer? Whether “statements obtained from an individual who is subjected to custodial police interrogation” are admissible against him in a criminal trial and whether “procedures which assure that the individual is accorded his privilege under the Fifth Amendment to the Constitution not to be compelled to incriminate himself” are necessary. How did the Court rule? Supreme Court holding" the Fifth Amendment privilege is available outside of criminal court proceedings and serves to protect persons in all settings in which their freedom of action is curtailed in any significant way from being compelled to incriminate themselves.” As such, “the prosecution may not use statements, whether exculpatory or inculpatory, stemming from custodial interrogation of the defendant unless it demonstrates the use of procedural safeguards effective to secure the privilege against self-incrimination. Why did......

Words: 415 - Pages: 2