Believe it or not there was a time where law enforcement could arrest a person without reciting their rights to them. The Miranda Rights are the 5th and 6th Amendment rights a person has so the government cannot ignore their constitutional rights. The 5th Amendment guarantees the right to a grand jury, forbids "double jeopardy," and protects against self-incrimination (US Constitution, Fifth Amendment). The 6th Amendment guarantees the rights of criminal defendants, including the right to a public trial without unnecessary delay, the right to a lawyer, the right to an impartial jury, and the right to know who your accusers are and the nature of the charges and evidence against you (US Constitution, Sixth Amendment). The Miranda Rights, created from the Miranda V Arizona (1966) case has influenced the United States government by the creation of the Miranda Warnings, which is used nationwide by the police to inform the …show more content…
The lack of information on his rights given to Miranda caused an issue with Arizona’s argument in court. The constitutionality of Miranda’s conviction was challenged because his rights were not given (Rights of the Accused, 109). Miranda’s argument was if the 5th Amendment required the police to inform suspects of their rights, use evidence without warning and if suspects had a right to a legal counsel. The 5th Amendment states, “No person shall...be compelled in any criminal case to be a witness against himself...without due process of law;” which means, the person being accused cannot testify against themselves. The 6th Amendment guarantees the rights of criminal defendants and the right to a lawyer. Arizona’s argument was that Miranda wasn’t a stranger to police procedures, he signed the confession willingly and he negotiated with the police intelligently (Miranda v. Arizona 1996)). The Supreme Court then took everything into account before making their