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Arturo Miranda Research Paper

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Recommended: The orgin of the fifth amendment

The fifth amendment to the United States Constitution guarantees, among other things, the right of any person accused of a crime to not testify against himself. This amendment has been a part of the U.S. Constitution since 1791. However, it was not until the 1960s that law enforcement were forced to really take this Constitutional Right seriously. In 1963 a man named Ernesto Arturo Miranda was arrest for robbery. During the course of police interrogation, Miranda confessed to another serious crime. Ultimately, the courts decided that since Miranda had not been informed of his fifth amendment rights and had not waived them, his confession was not valid. It is because of this case that law enforcement officers today read what is known as …show more content…

Field sobriety tests are good at help an officer decide if a person is too impaired to drive. However, they do not give the officer any idea of just what that person's blood alcohol level really is. Is the person very drunk? Are they just slightly over the limit? Are they even over the limit at all? The officer has no way to know for sure from just a field sobriety test. In most instances the police officer, telling you that the field sobriety test demonstrates that you have been drinking, will attempt to get you to confess to drinking and to how much you have had to drink. However, if you answer these questions and your Miranda Rights have not been read to you nor have you waived those rights then your confession is not admissible in court. Even if the addressing officer does use a breathalyzer test to determine if your BAC is over the limit, he still has to read your rights to you. If he fails to do so then your case may end up being dismissed. If your rights were not read to you when you were arrested it is important to let your attorney

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