The Case Of Miranda V. Arizona

Great Essays
.Yes, the syllabus at the beginning of the decision is helpful to me as I seek to understand the decision, especially when I read it over again in second times after I completely finished all the sessions. And because the syllabus of this document is kinda like a summary of four cases that reversed by the Supreme Court after the suspects confessed the crime. And in all four cases, the procedure of suspects’ custodial interrogation has shared same collectively features that none of the defendants have been given an effective warning of their constitutional rights by prosecutors at the outset of the interrogation. Moreover, all of them have been cut off from the outside world, confessed the crimes either by an oral statement or writing statements, …show more content…
The most important precedent that Justice Warren mentioned in the introductory portion of the decision is the case of Escobedo v. Illinois. This decision is important to our understanding of the holding in Miranda v. Arizona, because the ideas of Miranda Rights is published by supreme court after the appealed Escobedo’s case, and In concurrently, the supreme court has also released a serial of Miranda sub-rights that in order to protect the privilege against self-incrimination that all accused persons of crime should be inform their rights of remain silent and all the words he or she said will be used as evidence to go against him or her at outset of interrogation or whenever be deprived of his or her freedom of action by law enforcement officers. And they have a right to consult with an attorney or pause questioning if the accusers didn’t formally waive his or her constitutional rights. And the reason I said it is most important precedent that Justice Warren have mentioned in the introductory portion of the decision, because in the logically facet and literally facet that the constitutional rights is updated after the appealed Escobedo’s case, that is, the Miranda Rights will not be released if the supreme court doesn’t appeal Escobedo’s case. Hence, this decision is most important to our understanding of the holding in Miranda v. …show more content…
I personally persuaded by Justice Warren’s decision to establish the Miranda Rights. Because this rights make this country different than other country, which make United States treat the suspects really kindly by give suspects the rights to consult with attorney, and give them the rights to remain silent if they don’t want to talk while in other country such as China, I don’t know whether it is true or not I hear from a news that if you don’t follow what investigator say in the interrogation, then you might die or mostly die if you are lucky enough to walk out from interrogation room, because they used brutality such as beating, whipping to suspect and the suspect here involved innocent person. Therefore, I strongly agree with Justice Warren’s decision, because I don’t like brutality, and I like democracy and that’s what should a world top country should act like that treat the arrested suspects like people instead of like animal and beating to

Related Documents

  • Decent Essays

    Blake V. Ferguson Case

    • 101 Words
    • 1 Pages

    Whether the trial court erred when it denied Mr. Blake's motion to suppress, because the pretrial identification procedure was so impermissible suggestive that there is a substantial likelihood of irreparable misidentification. Whether the trial court erred when it overruled Mr. Blake's objection to Ms. Olsen's and Mr. Klein's in-court identification of him, because it was tainted by the improper pretrial identification and inherently incredible. II. ISSUE II Did the lower tribunal violated the constitutional rights of Mr. Blake and the jurors because the court erred in allowing the State Attorney to raise discriminatory peremptory challenge based on racial and gender grounds?…

    • 101 Words
    • 1 Pages
    Decent Essays
  • Decent Essays

    (Alito, Salinas v Texas, 2012) Holding: The Judgment is affirment Rationale/Reason: The reason of this case concerns whether the prosecuting attorney may have used the defendant’s silence throughout pre-arrest , using pre-Miranda questioning as practical evidence of his guilt. Salinas put up a good argument that his Fifth Amendment right were violated by the Supreme Court because they should have over turn his guilty verdict because of the fact the Court of Criminal Appeals and lower Texas courts used evidence of silence throughout pre-arrest, pre-Miranda questioning. (Alito, leranlebertyedu,…

    • 392 Words
    • 2 Pages
    Decent Essays
  • Decent Essays

    Salinas Vs Texas Summary

    • 441 Words
    • 2 Pages

    CASE BRIEF Case Name – Salinas v. Texas, 570 U.S. 12 (2013) Facts – Genovevo Salinas, the petitioner, who was not in custody or read Miranda warnings, agreed to go to the police station to answer questions regarding involvement in a murder. When petitioner was asked if ballistic testing would match ammunition casings found at the scene, he remained silent. Petitioner contended that the prosecutors’ use of his silence to indicate guilt violated his Fifth Amendment rights. Procedural History – The petitioner was charged in Texas state court with murder.…

    • 441 Words
    • 2 Pages
    Decent Essays
  • Superior Essays

    He appealed his case all the way up to the Supreme Court, claiming that the confession had been obtained unconstitutionally. The Supreme Court ruled that the prosecution could not use Miranda’s confession as evidence because the police had not informed Miranda of his right to an attorney and his right against…

    • 1238 Words
    • 5 Pages
    Superior Essays
  • Improved Essays

    This claim was questioned greatly and first went to the Arizona Supreme court, then proceeded to go to the US Supreme court. The ending decision of this case led to Ernesto Miranda receiving life in prison and the Miranda rights to be put in place in law enforcement. The supreme court case of Miranda vs Arizona is one of the most controversial court cases in American history but it is also one of the most celebrated because of the increase of civil rights for suspected criminals. Ernesto Miranda’s Arizona trial began on June 20th of 1963. Miranda went into the trail with the claim that the police officers who brought him in did not specify that he had the right to stay quiet, even at one point saying that the policemen, Officer Cooley and Young,…

    • 1451 Words
    • 6 Pages
    Improved Essays
  • Improved Essays

    n.d.). After being sentenced Mr. Miranda appealed the court’s decision in the Supreme Court of Arizona and they held that his constitutional rights were not violated in obtaining the confession (uscourt.gov. com. n.d.). Although, the Supreme Court of Arizona voted that his rights were not violated Mr. Miranda was not satisfied with their decision and took his case to the…

    • 754 Words
    • 4 Pages
    Improved Essays
  • Improved Essays

    Since Miranda v. Arizona (1956) the Supreme Court watered down the protection of suspects during interrogation in several ways. The Miranda warnings weakened when courts decided they were not Fifth Amendment rights (Hemmens, 2014). Miranda warnings weakened when Courts ruled that police violations are inadmissible and does not apply to evidence obtained through Miranda violated interrogations. In addition, the courts ruled that not all parts of the Miranda warnings need to be read to suspects. One of the most damaging Miranda warnings were weakened when courts decided that if a confession was made through an interrogation that violated Miranda rules, the confession is admissible once the suspect Miranda rights were properly read (Hemmens, 2014, p. 28).…

    • 396 Words
    • 2 Pages
    Improved Essays
  • Great Essays

    Miranda Vs Arizona Essay

    • 1577 Words
    • 7 Pages

    Miranda vs Arizona In the years following Miranda v. Arizona, many changes were made to the verdict. The Omnibus Crime and Control and Safe Streets Act of 1968 declared that if a suspect voluntarily confessed to a crime within six hours after his or her arrest, this confession could be used as valid evidence in a trial, even if the suspect had not been informed of his or her Miranda rights. The passage of this act was one of the first major modifications to the initial decision. Additionally, there were many other cases that followed Miranda v. Arizona that altered the Miranda decision.…

    • 1577 Words
    • 7 Pages
    Great Essays
  • Improved Essays

    Imagine being arrested based on zero evidence to accuse you of a crime and at the very same time being forced to answer intimidating questions that could be used against you. Miranda v. Arizona is an iconic court case that created a large impact on racial discrimination and even how arrests would be made. It started in 1963 when Ernesto Miranda was arrested in Phoenix, Arizona. He was in custody for rape, kidnapping, and robbery. Ernesto Miranda appealed with the Arizona Supreme Court claiming that the police had unconstitutionally received his confessions.…

    • 484 Words
    • 2 Pages
    Improved Essays
  • Improved Essays

    In the early 1960’s four men were arrested on different crimes.. In the police department those men confessed to their crimes without ever being told their rights, mainly that the Fifth Amendment Sixth Amendment. The confessions were used in court, and it became a question of whether those men’s constitutional rights had been violated. The question was answered in the Supreme Court case of Miranda v. Arizona.…

    • 1601 Words
    • 7 Pages
    Improved Essays
  • Superior Essays

    Miranda Vs Arizona Essay

    • 950 Words
    • 4 Pages

    Miranda vs. Arizona is one of the most crucial U.S. Supreme Court cases ever held in the United States. The case causes the Supreme Court to redefine law enforcement procedures before interrogations. The decision that was reached by the Supreme Court addressed four different cases involving custodial interrogations. All of these cases are similar in the fact that there was a custodial interrogation where the suspect was not properly informed of his constitutional rights to remain silent and have a presence of an attorney. Additionally, in all of the cases besides Stewart v. California, the conviction was affirmed without any belief that there was a violation of constitutional rights ("Facts and Case").…

    • 950 Words
    • 4 Pages
    Superior Essays
  • Improved Essays

    Fare V. Arizona 1979

    • 662 Words
    • 3 Pages

    Supreme Court, in reviewing the standard set in Miranda, held that a “[l]awyer occupies a critical position in our legal system because of his unique ability to protect the Fifth Amendment rights of a client undergoing custodial interrogation. Because of this special ability of the lawyer to help the client preserve his Fifth Amendment rights once the client becomes enmeshed in the adversary process, the Court found that "the right to have counsel present at the interrogation is indispensable to the protection of the Fifth Amendment privilege under the system" established by the Court. Id. at 384 U. S. 469. “Moreover, the lawyer's presence helps guard against overreaching by the police and ensures that any statements actually obtained are accurately transcribed for presentation into evidence.” Id. at 384 U. S.…

    • 662 Words
    • 3 Pages
    Improved Essays
  • Decent Essays

    What do you think about the miranda rights.these miranda rights can also be called the miranda warning. Weah do you think it is important that cops read you your miranda rights. Another good question is what would happen if i did not read you your miranda rights, well if a cop doesn’t read your miranda rights then some people think they can escape punishment. the reason cops read you your miranda rights is if you're in trouble you might want to know what you can do to help your case. However A Cop still has to infer these to you.…

    • 491 Words
    • 2 Pages
    Decent Essays
  • Improved Essays

    The Fifth Amendment

    • 857 Words
    • 4 Pages

    The United States government under the articles of confederation was an almost unmitigated failure. In an attempt to protect the sovereignty of the individual states, the federal government was given practically no power. After the Shays Rebellion of 1791, it became apparent that changes were necessary, and the United States federal government was reorganized under the Constitution of the United States. Concurrently, concerns about citizens’ rights led to the ratification of the Bill of Rights alongside the constitution. Each of these amendments to the Constitution is essential in their own way, but perhaps the most important of the amendments was the fifth, which codified the right to refuse to be a witness against oneself in a criminal case.…

    • 857 Words
    • 4 Pages
    Improved Essays
  • Superior Essays

    The People vs. Larry Flynt Americans value their freedom, most especially their freedom of speech and how their Constitution protects such freedom. Speeches like hate speech, speech plus, symbolic speech, seditious speech and the like are part of their freedom of speech. For the purposes of this paper, the film to be discussed is The People vs. Larry Flynt. This paper will also discuss the interrelationship between media, identities, and politics depicted in the said movie. Brief Summary of the Film…

    • 1543 Words
    • 7 Pages
    Superior Essays