The Fifth Amendment of the United States Constitution states a citizen’s right to remain silent and right to a lawyer. However, as of 1963, no follow up law exists where the rights of this Amendment need to be stated to anyone at any time. Brutal interrogations are often held to obtain answers and confessions, but are not always necessary. Ernesto Miranda should serve time in prison for his part in the kidnaping and rape of an eighteen year old mentally unstable girl, as he willingly confessed to his crimes. On March 13, 1963 in his own home, Ernesto Arturo Miranda was arrested due to circumstantial evidence linking him to the kidnapping and rape of mildly retarded Patty McGee ten days earlier. Prior to his arrest, Miranda had previous charges of robbery and had dropped out of school in the ninth grade. While in custody, Miranda gave a detailed oral confession and then signed to his statement. All of this took place within two hours of being arrested and was done without force, threats, and or promises. …show more content…
This amendment states, “nor shall be compelled in any criminal case to be a witness against himself, nor be deprived of life, liberty, or property, without due process of law” (“Protection of Rights to Life, Liberty, and Property”).” Miranda never specifically asked for a council and willingly confessed to abduction and rape without being forced or brutally interrogated. Each American living under The Bill of Rights must be self aware of their country’s laws because no existing follow up law is present that anybody needs to be told of their rights while in custody. “...there was no legal precedent to support the requirement to specifically inform suspects of their rights” (“Miranda vs. Arizona”). Miranda needed to be aware of his rights before he could appeal that he was not informed of