Miranda Law Abolished

Improved Essays
The purpose of this case is to get a better understanding of why the Miranda law should be abolished for good. We take a closer look at the flaws in the Miranda law and how it does not help our justice system. The study will examine why Americans should know their rights, show us why Miranda does not protect us, and how it allows criminals to walk free. Miranda is used to inform suspects that are taken into custody that they have rights. Due process was created by the constitution for the government not to deprive anyone of life, liberty, or property (ushistory.org). Miranda is used as a substitution for the Fifth Amendment, the Fifth Amendment being, “No person shall be held to answer for a capital, or other- wise infamous crime, unless

Related Documents

  • Improved Essays

    The criminal has the privilege to have a sensible safeguard set for the wrongdoing he or she perpetrated and as indicated by the genuine flight hazard which he or she may force. In 1963 a man known as Ernesto Arturo Miranda was captured of charges he actually admited nightfall of interrigation, and was sentenced, and sentenced 20-30 years. Miranda's court apointed lawyer contended taht he was not educated he has a privilege to insight, and his admission was not volontary. The Arizona Incomparable Court ruled upon this case, and announced that Miranda was unconscious of the rights allowed under the fifth amendent's self implication provision, and the sixth alterations right to a lawyer.…

    • 683 Words
    • 3 Pages
    Improved 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

    The right to remain silent is located in Fifth Amendment, and the right to have a presence of attorney is located in the Sixth Amendment of the constitution. The Supreme Court ended up ruling that it was unconstitutional to undertake the interrogation without the warning of the rights secured by the Fifth Amendment. Additionally, the court stated that they must protect the individual from the desire to self-incriminate ("Miranda v."). The court created the Miranda Warning which is as follows: "You have the right to remain silent. Anything you say can and will be used against you in a court of law.…

    • 950 Words
    • 4 Pages
    Superior Essays
  • Improved Essays

    Hurst Court Case

    • 1018 Words
    • 5 Pages

    The right of due process is one of the most characterizing features that embody the spirit of American liberty. Can anyone imagine a world without constitutional protections, provided for the accused, against arbitrary accusations? Before the establishment of the United States’ Constitution, the founding fathers of America understood that rights inherently bestowed unto the people are rights that should be protected by government institutions. The right against cruel and unusual punishment and the right to a trial by jury are just two of the several protections offered to Americans by the Constitution. In the case Hurst v. State of Florida, Timothy Hurst was charged, convicted, and sentenced to death for the murder of Cynthia Harrison at the…

    • 1018 Words
    • 5 Pages
    Improved Essays
  • Improved Essays

    In addition, the Miranda rights are provided under the 5th amendment, which further ensure proper due process and protects a person’s right to liberty. Due process in the 5th amendment happens through court proceedings and protects someone suspected of a crime. With the 14th amendment, due process is a given right to limit the governments interference with, and control over, personal affairs of the…

    • 727 Words
    • 3 Pages
    Improved Essays
  • Improved Essays

    Arizona (1966). This decision, generally speaking, defined the rights of the accused after an appeal was made on behalf of Ernesto Miranda. It said, among other things, that each person accused of a crime has the right to remain silent and the right to an attorney (Document 7). The tradition of these Miranda rights has become common knowledge in American society, despite the fact that some people believe that they are generally too lenient and often hamper the justice system’s ability to convict guilty criminals of their crimes (Documents 5a & 5b). The Supreme Court has failed to see adequate need for reversal of this decision, despite the dramatic odds that lie in favour of the accused as a result of the decision, and the fact that the victim is often left without help when the offender is not convicted.…

    • 832 Words
    • 4 Pages
    Improved Essays
  • Improved Essays

    The Miranda Rights help protect citizens fifth and sixth amendments. The fifth amendment protects citizens from being forced to be witness against himself, while the sixth amendment assures that those arrested have a right to a public and speedy trial (Doc E). Together, the fifth amendment protects against self-incrimination and the sixth amendment assures that those arrested can not be held in jail indefinitely. The Miranda Warning read by officers specifically states that after one is made aware of their Miranda Rights, any confession or statements can be used against oneself lawfully (Doc J). Consequently, the Miranda ruling assures that one is fully aware of their rights and are also aware of the consequences if they choose to self-incriminate after being read their…

    • 799 Words
    • 4 Pages
    Improved Essays
  • Decent Essays

    The investigators found a written confession admitting the offense. However, the police officers who arrested Miranda did not advise him to have an attorney during the interrogation. Even though the court charged Miranda for the crimes, the appeal in the Supreme Court of Arizona found no violation of his constitutional rights since he failed to request counsel. The amendment in check was the Fifth Amendment. D. 419 U.S. 565 Goss v. Lopez Argued: October 16, 1974 Decided: January 22,…

    • 711 Words
    • 3 Pages
    Decent Essays
  • Decent Essays

    In criminal cases , the Fifth Amendment guarantees the right to a grand jury, forbids double jeopardy,and protects against self incrimination . It also requires that “due process of law” be part of any proceeding that denies a citizen “life, liberty or property” and requires the government to compensate citizens when it takes private property for public use. All of your miranda rights are you have the right to remain…

    • 491 Words
    • 2 Pages
    Decent Essays
  • Improved Essays

    On December 15th, 1791 the amendment was put into the bill of rights, with the Fifth Amendment the government couldn’t force citizens to testify against themselves. It also played a big part in the Supreme Court case Miranda vs. Arizona in 1966. The police have to read the citizen there Miranda rights, if they don’t any confession you give the officer can’t be used against…

    • 950 Words
    • 4 Pages
    Improved Essays
  • Superior Essays

    The three parts of the decision went as followed. The first was the Fifth Amendment privilege (which states that no person shall be held to answer for a capital, or otherwise infamous crime, unless on a presentment or indictment of a grand jury). In this instance, Miranda was basically compelled to be a witness against himself and his confession was obtained in a way that did not meet the constitutional standards. What was also a large factor to this part of the case was that he was not offered or given the right to an attorney to consult with during the interrogation process with the…

    • 1106 Words
    • 5 Pages
    Superior 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

    The police question suspects and witnesses for two reasons, to gather information about the crime and to try to get a suspect to confess if they believe the individual is guilty. This is where Miranda rights are important. The Constitution guarantees certain rights including the following. The right to remain silent and the right to have an attorney, either one that is appointed by the state or one that is privately hired. To start with the first line of the Miranda statement “You have the right to remain silent”.…

    • 1883 Words
    • 8 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