Ernesto Miranda


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ernesto miranda miranda vs arizona




In 1966 the Supreme Court made a ruling that every American would always know and remember.  The case was Miranda versus The State of Arizona.
Early in 1963, an 18-year-old woman was kidnapped and raped in Phoenix, Arizona.  The police investigated the case, and soon found and arrested a poor and mentally disturbed man.  The name of this man was Ernesto Miranda.  Miranda was 23 years old when he was arrested.  He confessed to the kidnapping and the rape after two hours of questioning.  By confessing to the crime Miranda was convicted for kidnapping and rape.
However, when Miranda was arrested he was not told his rights that are stated in the 5th Amendment.  On appeal, Miranda’s lawyers pointed out that the police had never told him that he had the right to a lawyer and that he could remain silent if he wished to.  In addition, he was not told that everything he said could be used against him in court.  In 1966, the United States Supreme Court gave support to Mirada’s appeal by a 5-4 decision that’s his rights were violated.  The Supreme Courts decision detailed the principles governing police interrogation and decided that police must make certain points clear before questioning a suspect.  Miranda was later convicted of the charges based on the evidence against him.
The Miranda case solely dealt with the first ten Amendments, which are also known as the “ bill of rights.”  According to the 5th Amendment, anyone including foreigners arrested in the United States has certain rights and privileges that should be spelled out for them at the time of arrest.  These rights are to ensure that everyone has the right to due process of the law.  If any of the five points listed in the 5th Amendment are violated, the accused cannot be sentenced.
The Miranda case gave an accused person 5 basic rights, they are
1)The accused has the right to remain silent.
2)The accused must be warned that anything they say can be used against them in court.
3)The accused has the right to have an attorney present during any questioning.
4)The accused can terminate questioning at any point they want to
5)If the accused and not afford an attorney they will be provided with one.
Police officers often carry a card with the that reminds them of a suspects “Miranda Rights” and reminds them to read the suspect there rights.  A police officer will often say this to a suspect.  “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 can not afford one, one will be appointed to you, do you understand your rights?”



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Mirandarights




In 1966, the U. S. Supreme Court handed down its landmark decision in Miranda
v. Arizona.  The Miranda decision was a departure from the established law in the area of
police interrogation. Prior to Miranda, a confession would be suppressed only if a court
determined it resulted from some actual coercion, threat, or promise.  The Miranda
decision was intended to protect suspects of their 5th Amendment right of no
self-incrimination.  The verdict of  Miranda v. Arizona is an efficient way of informing
criminal suspects of their rights established by the Constitution, allowing un-Constitutional
confessions to be nullinvoid in the court of law.  However, it does not enforce it well
enough.  For example, a statement taken in violation of Miranda can be used for
impeachment purposes and deciding whether evidence derived from a Miranda violation is
admissible. Also, Miranda applies to undercover police interrogation and prior to routine
booking questions, protecting all suspect in American custody to be aware of their rights.
Next, it says that police may not continue to interrogate a suspect after he makes a request
At approximately 8:30 p.m. on November 27, 1962, a young woman left the First
National Bank of Arizona after attending night classes. A male suspect robbed the woman
of $8 at knife-point after forcing his way into her car. Four months later, the same suspect
abducted an 18-year-old girl at knife-point and, after tying her hands and feet, drove to a
secluded area of the desert and raped her.  On March 13, 1963, police arrested
23-year-old Ernesto Arthur Miranda as a suspect in the two crimes. Miranda had a prior
arrest record for armed robbery and a juvenile record for, among other things, attempted
rape, assault, and burglary. Both victims viewed corporeal lineups and identified Miranda
as their attacker. The police questioned Miranda, and he confessed to both crimes. He
signed a confession to the rape that included a typed paragraph explaining that the
statement was made voluntarily without threats or promises of immunity and that he had
full knowledge of his rights and understood that the statement could be used against him.
Ultimately, the Supreme Court reversed Miranda's conviction and ordered that the
confession in the rape case be suppressed. The Court ruled that "an individual held for
interrogation must be clearly informed that he has the right to consult with a lawyer and
have the lawyer with him during inter-rogation...[that he has] the right to remain silent and
that anything stated can be used in evidence against him...that if he is indigent a lawyer
will be appointed to represent him" (US Suprime Court).  The Court reasoned that all
custodial police interrogations are inherently coercive and could never result in a voluntary
statement in the absence of a knowing, intelligent, and voluntary waiver of the rights
Under Miranda, the Supreme Court established an irrebuttable presumption that a
statement is involuntary if it is taken during custodial interrogation without a waiver of the
so-called Miranda warnings.  A statement taken in violation of Miranda would result in the
suppression of the statement, even though the statement was otherwise voluntary and not
the result of coercion of any kind. In fact, in the Miranda decision, the Supreme Court
acknowledged that Ernesto Miranda was not subjected to any coercion that would render
his statement involuntary in traditional terms.  The Miranda requirements apply only when
a suspect is both in custody and subjected to interrogation. For purposes of Miranda,
"custody" is defined as an arrest or significant deprivation of freedom equivalent to an
arrest.  "Interrogation," under Miranda, is defined as words or actions likely to elicit an
incriminating response from an average suspect (Hogrogian, 90).  If the suspect asserts the
right to silence, an officer must honor the suspect's assertion and stop the interrogation.
However, the officer may reinitiate contact and obtain a valid waiver after a reasonable
period of time. On the other hand, if a suspect asserts the right to an attorney, questioning
must cease and may only be recommenced if the defendant reinitiates communication with
Subsequent US Supreme Court decisions have limited the Miranda exclusionary
rule. Five years after Miranda, the Supreme Court decided Harris v. New York.  With
only two of the five justices in the original Miranda majority still on the Court, the
Supreme Court held that a statement taken in violation of Miranda could be used to
impeach the credibility of a defendant at trial.
The police in Harris failed to advise the defendant of his right to counsel prior to
custodial inter-rogation, which ... more

ernesto miranda

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  • R: Miranda vs arizona R: Miranda vs arizona miranda vs arizona In 1966 the Supreme Court made a ruling that every American would always know and remember. The case was Miranda versus The State of Arizona. Early in 1963, an 18-year-old woman was kidnapped and raped in Phoenix, Arizona. The police investigated the case, and soon found and arrested a poor and mentally disturbed man. The name of this man was Ernesto Miranda. Miranda was 23 years old when he was arrested. He confessed to the kidnapping and the rape after two hours of questioni...
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  • E: Sarah Baskin E: Sarah Baskin Sarah Baskin Intro to Investigation Thur. 6-9:15 You Have Your Rights You've probably heard it lots of times on TV crime shows: 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 be speak to an attorney, and to have an attorney present during any questioning. If you cannot afford a lawyer, one will be provided for you at government expense. That is the Miranda Warning, named after a famous case involving a suspect nam...
  • S: Supreme Court Cases S: Supreme Court Cases Supreme Court Cases Supreme Court Cases Engle vs. Vitale Case: In the late 1950\'s the New York State Board of Regents wrote and adopted a prayer, which was supposed to be nondenominational. The board recommended that students in public schools say the prayer on a voluntary basis every morning. In New Hyde Park Long Island a parent sued the school claiming that the prayer violated the first amendment of the constitution. The school argued that the prayer was nondenominational and did not attempt...
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  • R: SHOCK INCARCERATION R: SHOCK INCARCERATION SHOCK INCARCERATION Miranda Warnings 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 speak to an attorney, and to have an attorney present during police questioning, if you cannot afford an attorney, one will be appointed to you by the state. These words have preceded every arrest since Miranda v. Arizona 1966, informing every detained person of his rights before any type of formal police questioning begins. This iss...
  • A: Miranda vs arizona A: Miranda vs arizona miranda vs arizona In 1966 the Supreme Court made a ruling that every American would always know and remember. The case was Miranda versus The State of Arizona. Early in 1963, an 18-year-old woman was kidnapped and raped in Phoenix, Arizona. The police investigated the case, and soon found and arrested a poor and mentally disturbed man. The name of this man was Ernesto Miranda. Miranda was 23 years old when he was arrested. He confessed to the kidnapping and the rape after two hours of questioni...
  • N: Mirandarights N: Mirandarights Mirandarights In 1966, the U. S. Supreme Court handed down its landmark decision in Miranda v. Arizona. The Miranda decision was a departure from the established law in the area of police interrogation. Prior to Miranda, a confession would be suppressed only if a court determined it resulted from some actual coercion, threat, or promise. The Miranda decision was intended to protect suspects of their 5th Amendment right of no self-incrimination. The verdict of Miranda v. Arizona is an efficient w...
  • D: Sarah Baskin D: Sarah Baskin Sarah Baskin Intro to Investigation Thur. 6-9:15 You Have Your Rights You've probably heard it lots of times on TV crime shows: 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 be speak to an attorney, and to have an attorney present during any questioning. If you cannot afford a lawyer, one will be provided for you at government expense. That is the Miranda Warning, named after a famous case involving a suspect nam...
  • A: Supreme Court Cases A: Supreme Court Cases Supreme Court Cases Supreme Court Cases Engle vs. Vitale Case: In the late 1950\'s the New York State Board of Regents wrote and adopted a prayer, which was supposed to be nondenominational. The board recommended that students in public schools say the prayer on a voluntary basis every morning. In New Hyde Park Long Island a parent sued the school claiming that the prayer violated the first amendment of the constitution. The school argued that the prayer was nondenominational and did not attempt...
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  • Supreme Court Cases Supreme Court Cases Supreme Court Cases Supreme Court Cases Engle vs. Vitale Case: In the late 1950\'s the New York State Board of Regents wrote and adopted a prayer, which was supposed to be nondenominational. The board recommended that students in public schools say the prayer on a voluntary basis every morning. In New Hyde Park Long Island a parent sued the school claiming that the prayer violated the first amendment of the constitution. The school argued that the prayer was nondenominational and did not attempt...
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  • The Miranda Rights The Miranda Rights The Miranda Rights In 1966, the U. S. Supreme Court handed down its landmark decision in Miranda v. Arizona. The Miranda decision was a departure from the established law in the area of police interrogation. Prior to Miranda, a confession would be suppressed only if a court determined it resulted from some actual coercion, threat, or promise. The Miranda decision was intended to protect suspects of their 5th Amendment right of no self-incrimination. The verdict of Miranda v. Arizona is an effici...
  • Supreme Court Cases Supreme Court Cases Supreme Court Cases Supreme Court Cases Engle vs. Vitale Case: In the late 1950\'s the New York State Board of Regents wrote and adopted a prayer, which was supposed to be nondenominational. The board recommended that students in public schools say the prayer on a voluntary basis every morning. In New Hyde Park Long Island a parent sued the school claiming that the prayer violated the first amendment of the constitution. The school argued that the prayer was nondenominational and did not attempt...