The Cons And Cons Of The Miranda Vs. Arizona

Superior Essays
Before 1966 there was really no right or warning that protected the people and told them what they were entitled to. As we all must have heard "You have the right to remain silent. Anything you say can and will be used against you in a court of law". This famous warning was created because of the well-known case known as Miranda vs. Arizona. In which Ernesto Miranda from Arizona was convicted of various crimes but was let free. Due to the fact that he was unaware of his rights at the time, so the court was not able to do anything at the time of his trial. The Miranda vs. Arizona case explored the rights of American citizens because it made them question if Americans have too many rights and were if they were being exercised in the wrong way and if so that had to change. Furthermore, Ernesto Miranda had a bad reputation with law enforcement growing up. He lost his mother at …show more content…
This meaning that law enforcement has created and came up with a way to go around the system. So they can ultimately still hurt you one way or another. Another con of the Miranda warning is that sometimes the right does not even have to be read to you. For instance “… a cop doesn 't routinely "read you your rights" when he arrests you—because it 's not necessary in most cases" (pandullo). This goes to show that your Miranda warning is not that significant that it sometimes does not have to be read to you. So you are not able to know your rights at the time. This can be consequential to you at the time of court. The warning is usually only read to you when you in a case that will involve several court cases. If you have been convicted of first degree murder, rape, and any other hard crime that would put you behind bars for yours to come. If the case is not to significant it is really pointless to have them read to

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
  • Decent Essays

    Miranda Vs Arizona Case

    • 174 Words
    • 1 Pages

    On June 13, the court came to the decision on the Miranda vs. Arizona case saying that all suspects must be told what their rights are before they are arrested. On March 2, 1963, Ernesto Miranda was deliberatly interrogated after being arrested for robbery, rape, and kidnap. . However, he was not informed of his rights before being questioned and Miranda confessed to robbery, rape, and kidnap. Mentally unstable and alone, miranda was without an attorney at trial and the prosecution formed their case off of the fact that Miranda confessed earlier. Sentenced with 20-30 years in prison, Miranda tried to convince the Arizona Supreme Court that his confession was given unconstitutionally and it was unfair, but the punishment still remained.…

    • 174 Words
    • 1 Pages
    Decent 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

    The supreme court justices Samuel Alito answered to this case that Mr. Salina didn't have the right to remain silent. Mr. Salina was free to leave, which didn't insert his Miranda rights and he had therefore no right to remain silent. Justices Samuel Alito stated that Mr. Salina´s should have affirmatively invoked his rights, because without Mr. Salina´s having a lawyer or being told the Miranda rights he should have been more affirmative about his invoking. (http://www.slate.com/articles/news_and_politics/jurisprudence/2013/06/salinas_v_texas_right_to_remain_silent_supreme_court_right_to_remain_silent.html) Salinas v. Texas is demonstrating the Miranda rules in a way where if the rules doesn´t apply the questioned from the beginning the Miranda rights doesn't apply either.…

    • 757 Words
    • 4 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

    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.…

    • 484 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

    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

    You have a right to an attorney. If you cannot afford an attorney, one will be appointed for you" (" 'Miranda' Rights"). The law enforcement personnel must warn the individual prior to any investigation using the Miranda Warning. The Miranda rights are the right to remain silent and the right to an attorney, which are stated in the Miranda…

    • 950 Words
    • 4 Pages
    Superior 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
  • Improved Essays

    The Fifth Amendment

    • 857 Words
    • 4 Pages

    Arizona, which ruled that the inculpatory and exculpatory evidence brought against a defendant at trial is only admissible if the defendant has been informed of his right against self-incrimination as well as his right to consult with an attorney. This Supreme Court decision was brought about by the conviction of Ernesto Miranda, who provided a confession to police without being informed of his right to counsel and his right to remain silent. The Arizona State Supreme Court upheld the conviction, but the Supreme Court of the United States ruled that because he had not been informed of his rights, his rights had not been properly upheld. The key to this decision is the distinction between an informed waiving of those rights, and an uninformed waiving of those rights. If a person is convicted based on self-incrimination, the prosecution must be able to prove that they were explicitly aware of and subsequently waived their rights.…

    • 857 Words
    • 4 Pages
    Improved 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

    In March 13th, 1963 the court case began with the arrest of a Phoenix resident named Ernesto Miranda. During this arrest, Miranda was not informed of his rights during the arrest. At the police station, he was identified by the witness. The police then took him to interrogation and was then questioned by two police officers. Two hours later, the officers obtained a written confession signed by Miranda.…

    • 1106 Words
    • 5 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