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Assignment 2: Briefing Of Miranda V. Arizona

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Abstract
Miranda v. Arizona took place in 1996. The case involves a Hispanic man named, Ernesto Miranda and the state of New York. Miranda is being charged with rape and kidnapping. He was held in interrogation for a lengthy amount of time until he eventually confessed. He was found guilty and the conviction was approved by the supreme court because he did not request a lawyer. Throughout this case the supreme court addressed four other cases that involved custodial interrogations. Issues involving this case is whether or not the Fifth Amendment, which gives us the right to self-incrimination, is being violated when someone is put under arrest and is brought in for the purpose of interrogation and is not informed of his rights to not speak …show more content…

Arizona On March 13, 1963, Ernesto Miranda was arrested and brought to a police station in Arizona. He was then taken to an interrogation room. He was questioned and gave his confession without being informed of his rights; specifically, the right to remain silent and have an attorney present. He was found guilty of kidnapping and rape; he was sentenced to about 25 years in prison. Following Miranda's appeal, the Supreme Court approved the ruling and stated that his rights were not violated because he did not request counsel. The main issue with this case is whether or not a person has the right to know their constitutional rights and if they should be informed about their rights before questioning. The arguments in the case began when the defense, who was representing Miranda, made an objection to allowing into evidence the written confession due to Miranda not being properly informed of his constitutional rights. This particular argument originates from the fact that officers had admitted that they did not read Miranda his right to an attorney; they also read his right to a voluntary confession out loud before receiving an oral confession. The State of Arizona then presented their argument that because he did not specifically ask for an attorney, none of his rights were violated. The purpose of their argument was to make certain that the written confession was applied as evidence to charge him with the

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