The Case, Miranda Vs. Arizona Essay

810 words - 3 pages

-1-Of all the cases in the Supreme Court there seem to be some that just more people seem to talk about as having a big part in American history. One of these court cases I feel would have to be the Miranda v. Arizona, 384 U.S. 436.Ernesto Arthur Miranda was arrested in his home of Phoenix, Arizona in the year 1966. He was accused of kidnaping and raping a Phoenix, Arizona, woman. Apparently when he was arrested he had not read his rights given to him under the U.S. Constitutions Bill of Rights. The basis for this was that following his arrest Miranda was interrogated for a lengthy period of time without being aware of his Fifth Amendment Rights. Therefore he did not know that he could have a lawyer present or not even have to say anything to the police. During this the woman was brought in to identify Miranda. Once Miranda realized that the woman identified him he gave a full confession. But in the first paragraph of the confession it says that the confession was a voluntary one, without promises of immunity from prosecution and made with " full knowledge of my legal rights, understanding any statement I make may be used against me." Miranda signed the confession and was held for trial. (Miranda,81)Miranda was found guilty and sentenced a total of fifty years. In the appeal of the trial Miranda's lawyer claimed that not only had the confession had been forced but that the police did not even tell him he did not have to speak if didn't want to. Nor was he aware that anything that he might say can and would be used in court. His lawyer insisted that what had been done to Miranda was unconstitutional. The Supreme Court ruled in Miranda's favor.On June 16, 1966 a retrial was ordered by the Supreme Court. In announcing the majority opinion of the court's Chief Justice Earl Warren said;"Unless other fully effective means are devised to inform accused persons-2-of their right of silence and to assure a continuous opportunity to exercise it,the following measures are required: Prior to any questioning, the person must be warned that he has the right to remain silent, that any statement he does make may be used as evidence against him, and that he has the right to the presence of an attorney,...

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