Wednesday, May 6, 2020

Miranda vs Arizona - 1115 Words

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 cant 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†¦show more content†¦Due process means that Miranda did not have to go into the interrogation alone and that he should have had an attorney with him. The amendments were put into the constitution so that the government would not have too much power over the people and by the officers not respecting that they were being unconstitutional. Although a fter the case went through the Supreme Court and Mirandas conviction was overturned Arizona retried him, this time without his confession used against him, he was found guilty and was sentenced to 20-30 years. Miranda not serving time for his crime was what worried a lot of people because that would of meant he would be free to kidnap and rape more women, so by him still being found guilty made people feel a bit more comfortable with the whole situation. Because of the Miranda v Arizona case every officer before starting an interrogation has to repeat the person’s rights and wait until they receive either a verbal or written confirmation from the defendant saying they understand that they have the right to remain silent. Even if the officers tell the defendant their rights they have to be done properly or else whatever evidence they get from their interrogation cannot be used in court. Ernesto Miranda did commit the crime, by the officers not reading him his rights he took hi s case to the Supreme Court and his convictionShow MoreRelatedMiranda Vs. Arizona Case980 Words   |  4 Pagescase, 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. UnitedRead More Miranda vs. Arizona Essay608 Words   |  3 Pages Miranda vs. Arizona: nbsp;nbsp;nbsp;nbsp;nbsp;This case had to do with an Ernest Miranda who raped a Patty McGee*. After extracting a written confession from the rapist about the situation, Miranda’s lawyer argued that it was not valid since the Phoenix Police Department failed to read Miranda his rights, also in violation of the Sixth Amendment which is the right to counsel. Some factors that helped support Miranda’s arguments were that the suspect had requested and been denied an opportunityRead MoreMiranda Vs. Arizona Law2149 Words   |  9 Pagesare called Miranda warnings or the â€Å"Miranda Rights.† The familiar phrases that have become well known by many citizens, regardless if one has been taken into custody or not are taken from a ruling in a landmark case, Miranda v. Arizona. According to Scribd website online, some of the contents contained within the Miranda warnings are, â€Å".†¦Ã¢â‚¬Ëœyou have the right to remain silent, anything you say can be used against you in the court of law†¦.† (Amor Claveria, 2016). Also included in the Miranda rights,Read MoreMiranda Vs. Arizona Law1210 Words   |  5 PagesMiranda rights are a set of warning imposed by the courts after the Miranda v. Arizona, 384 U.S. 436 decision that occurred June 13, 1966. As stated by Cassell the rights are: You have the right to remain silent. Anything you say can be used against you in a court of law. You have the right to talk to a lawyer and have him present with you while you are being questioned. If you cannot afford to hire a lawyer, one will be appointed to represent you before you answer any questions.Read MoreMiranda Vs. Arizona Is An Important Case That Happened887 Words   |  4 PagesMiranda versus Arizona is an important case that happened in the United States of America that has changed policing to what it is today. First, I will talk about the events leading to the arrest of a man named Ernesto Miranda. Then, I will talk about his trial, and next, on how this case has changed policing for the better. Lastly, I will talk about my point on this case and how I think it has affected the United States with policing. First, Miranda v. Arizona all started on March 2, 1963, when anRead MoreMiranda Vs. Nevada And Mapp V. Arizona2344 Words   |  10 Pagescases of Miranda V. Arizona and Mapp V. Ohio. Both these cases play a significant role in Due Process rights today. One of the most well-known cases in the United States is Miranda V. Arizona. This case deals with the legal provision of self-incrimination. It shows that some people today aren’t aware of the rights afforded to them under the constitution. In this case, Ernesto Miranda was put in a lineup and identified by a woman as the man that kidnapped and raped her. Ernesto Miranda was thenRead MoreThe Law Enforcement Interrogation Procedures1655 Words   |  7 PagesIn 1966, a milestone in Law Enforcement interrogation procedures was established through the case of Miranda vs Arizona. In the case of Orozco vs Texas, just a couple years later in 1969, the guidelines established by Miranda vs Arizona changed the ruling of Reyes Arias Orozco who self-incriminated himself without being read his Fifth Amendment rights while being interrogated in his home. Orozco vs Texas effected interrogation procedures due to Orozco being interrogated inappropriately in his ownRead MoreMiranda Warnin gs And The Miranda Warning976 Words   |  4 PagesThe Miranda Warning â€Å"Movie and TV shows often depict crime with a police officer handcuffing a suspect and warning him that he has the right to remain silent. While those warnings may appear clear-cut, almost 1 million criminal cases may be compromised each year in the United States at the 119th Annual Convention of the American Psychological Association.†(Rogers, 2011) The Miranda warning, also known as the Miranda rights, is important and in place to inform people of their rights upon arrest. EveryoneRead MoreCourt Case : Miranda V. Arizona941 Words   |  4 PagesCourt Case: Miranda v. Arizona ---------------------------------------------------------------------------------------------------------------------------- Introduction: In the case Miranda vs. Arizona. This case goes against the 5th and 6th amendments. Miranda says that the police had violated his 5th Amendment right to remain silent and his 6th Amendment right to legal counsel. Miranda addressed the Escobedo rule which states evidence obtained from an illegally obtained confession is inadmissibleRead MoreThe Miranda Rights Essay1706 Words   |  7 Pageshandicap 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

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