Miranda Vs Arizona Research Paper

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. He was arrested in 1963 and had his case was reviewed in 1966. The confession he told could not be used as evidence because the police officers who arrested him did not read him his right to an attorney and self-incrimination. …show more content…
The Miranda warning includes what rights we have when we are being arrested or interrogated. Police officers or other law enforcement officers must tell a person their Miranda rights during an arrest. After the warning is given to someone being arrested, the person also has the right to speak to an attorney. These rights became a part of the Fifth and Six amendments that already existed in our U.S. Constitution.
The Fifth Amendment says that no one can be accused of a crime unless a grand jury decides that there is enough evidence to charge a person for a crime in court. The defendant has a choice to testify or not to testify. If they choose to testify, the defendant loses his Fifth Amendment privilege and must answer the questions asked. However, at the trial the defendant who has been called to the witness stand by the grand jury can refuse to answer certain

Related Documents

  • Improved Essays

    Do I think the 5th Amendment protects someone’s refusal to answer police questions when he hasn’t been arrested or read his rights? In my opinion, no, the 5th Amendment does not protect you from questioning. The judges over the Salinas v. Texas court case decided that the 5th Amendment's advantage against self-incrimination doesn’t work for people who just decide to silence themselves while being questioned. You have to claim your 5th amendment right to be able to use it.…

    • 251 Words
    • 2 Pages
    Improved Essays
  • Improved Essays

    1. What has been the impact of the Supreme Court's ruling in Miranda v. Arizona on both law enforcement agencies and the court. -The arrested suspect must be told that they have the right to remain silent -The arrested suspect must be told that anything they say may be used against them in court -The arrested suspect must be told they have the right to an attorney with them before any questioning begins -They must be told that if they cannot afford an attorney an attorney can be provided for free -After they are told their rights and the arrested suspect says that they do not want an attorney and is willing to be questioned that they said so willingly and knowingly -The suspect has the right to turn off questioning any time after they have…

    • 653 Words
    • 3 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

    The United States Supreme Court cases that occurred soon after the Miranda decision served to clarify certain aspects of the decision. However, after 1969,…

    • 1577 Words
    • 7 Pages
    Great Essays
  • Great Essays

    Submitted By: Demetre Alexander Georgia Gwinnett College Abstract The goal of this research paper is to remind people that as long as one can fulfill the duties of being a citizen in the United States of America then there are rights that protect one from the government. One could imagine what the world would be like if there were no Miranda rights. Government would take complete advantage of that and others could assume that prisons would really become overcrowded and taxes would shoot up even higher due to the absence of Miranda rights in the criminal justice system. One could assume that life in fact would not be as sweet and worth living knowing that the police can haul someone into jail and interrogate that person until a confession…

    • 2625 Words
    • 11 Pages
    Great Essays
  • Improved Essays

    Miranda V. Arizona

    • 637 Words
    • 3 Pages

    The Supreme Court ruling of 1966 in Miranda vs. Arizona has had a significant impact on the conduct of law enforcement agencies in the United States to present day. The 5th amendment is a privilege enjoyed by all American citizens providing that no suspected criminal can be forced or compelled to answer any questions unless directed by the relevant grand jury. Ernesto Miranda arrest was on suspicion of having committed a robbery on March 13th, 1963 in Phoenix, Arizona, he was neither read his rights nor was he granted the right to counsel. The 23-year-old suspect was unjustly questioned for over two hours resulting in the subsequent confession of not one, but three crimes, robbery, kidnapping and rape earning…

    • 637 Words
    • 3 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
  • Superior Essays

    Miranda vs Arizona By Bryan Lundgren In this project, I will find out some of the background, information, and the decision behind the Miranda vs. Arizona Supreme Court Case in 1966. I think before I go into the Supreme Court case and decision, I think it is important to know the reason why the case made it to the Supreme Court in the first place.…

    • 1106 Words
    • 5 Pages
    Superior Essays
  • Great Essays

    The U.S. Constitution is the supreme law of the land made up of the 7 articles and the U.S. Bill of Rights. The Bill of Rights is a document with a group of Amendments, which are articles added to the U.S Constitution. The Fifth Amendment was introduced into the U.S Constitution on September 5th, 1789. The five clauses within the Fifth Amendment stay consistent with the meaning of the Bill of Rights in that they promote a balance between the people and the government, and limits on government power and procedure. The Fifth Amendment contains five protections vital to a person accused of crime; the right to Grand Jury, to double jeopardy charges, compelled self-incrimination, due process, and just compensation.…

    • 1242 Words
    • 5 Pages
    Great Essays
  • Improved Essays

    The Five Amendments

    • 1399 Words
    • 6 Pages

    Whereas the Fourth Amendment uses probable cause to set up if a crime is, has, or is about to occur and an arrest can be made. Then the Fifth Amendment comes into play, with the questioning of a person who has been arrested and the rights to the arrested person, specifically the reading of Miranda Rights. In 1966, Ernesto Miranda’s civil rights from the Fifth and Sixth were found to have been violated during the investigation and following interrogation. The Supreme Court determined that anyone who is in custody and being questioned needs to be read his or her specific rights, which included: “You have the right to remain silent. Anything you say can and will be used against you in a court of law.…

    • 1399 Words
    • 6 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
  • Superior Essays

    Arizona in 1966. In 1963, Ernesto Miranda was arrested for various serious crimes. He was not informed of his rights before the police interrogation in which he supposedly gave a recorded confession to the crimes. He also did not have a counsel present. Miranda was found guilty of his crimes solely on the basis of his confession.…

    • 1238 Words
    • 5 Pages
    Superior Essays