Miranda vs Arizona

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Submitted By MA1234
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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 and only had a 9th grade education, so not having an attorney on his side made it even harder for him to understand the process of interrogation. The case was so controversial that it made it to the Supreme Court. It was controversial because Miranda confessed to the crime but still thought he should of known he could of plead the 5th amendment and prolonged his trial until more evidence…...

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...assure a continuous opportunity to exercise it, the following measures are required. This is something that needs to be followed very strictly because if they do not read the Miranda rights the case is thrown out because if the suspect is not given this then the whole confession is out. Prior to any questioning, the person must 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 a right to the presence of an attorney, either retained or appointed. The defendant may waive effectuation of these rights, provided the waiver is made voluntarily, knowingly and intelligently. If, however, he indicates in any manner and at any stage of the process that he wishes to consult with an attorney before speaking there can be no questioning. Likewise, if the individual is alone and indicates in any manner that he does not wish to be interrogated, the police may not question him. The mere fact that he may have an swerved some questions or volunteered some statements on his own does not deprive him of the right of refrain from answering any further inquiries until he has consulted with an attorney and thereafter consents to be questioned.'' The example that the reading provided in which the suspect was a murder suspect and was given his Miranda rights in the police vehicle and requested to speak with a legal counsel (lawyer) before answering any questions. It then mentions that the policeman started to talk......

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...Miranda V. Arizona, 384 U. S. 436 (1966) Facts: Defendant Ernesto Miranda was taken into custody and put into an interrogation room after he was accused of rape and kidnapping. After he was interrogated by two officers for two hours he was pushed to give a written confession. During his interrogation Miranda was never made aware of his basic rights and the confession stated that he had voluntary provided this information. The officers claimed that the confession was made without any promises of immunity, threats and that Miranda was fully aware of his legal rights and that he understood the statement that was made against him. Issue: Did the prosecution have the ability to make use of statements that were given in the form of a confession given by a suspect? In the event that the suspect is not made aware of their basic right against self-incrimination and the basic safe guards that are granted by the constitution. Holding: The court concluded that a set of warnings must be administered before anyone is taken into custody and any interrogation is started. The instructions must include that the suspect has the right to remain silent and that anything that is said can be held against them in court. In addition the suspect must be informed that they have the right to an attorney and if they don’t have the money for one, one can be provided for them. And last but not lease the suspect has the right to stop the interrogation anytime. Reasoning: The court was......

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