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Miranda V. Arizona Case Study

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Within the court case of Miranda v. Arizona, Miranda was a poor immigrant from Mexico, who lived in Phoenix, Arizona in 1963 (Schmalleger, 2011). Miranda was accused of kidnapping and rape and was arrested after the victim of the crime recognized him in a police lineup (Schmalleger, 2011). Miranda was questioned by police while in police custody for two hours. The rights under the Fifth and Sixth Amendments were not told to Miranda by the officers interrogating him, which are the rights against self-incrimination and right to assistance of an attorney (Harr, Hess & Orthmann, 2012). Considering Miranda was not aware of his rights, he ended up confessing to the crimes, which he was charged (Harr, Hess & Orthmann, 2012). Although, he acknowledged in writing that he was knowledgeable of his right against self-incrimination (VanMeter, 2006). Miranda writing confession was used in the prosecution to have him convicted (Schmalleger, 2011). The decision was made because of his confession and Miranda was awarded punishment of imprisonment for 20 to 30 years on each count. …show more content…

The Arizona Supreme Court denied his appeal and the conviction was upheld (Harr, Hess & Orthmann, 2012). The Fifth Amendment and Sixth Amendments to the Constitution are guaranteed which raised the fundamental question in the case regarding the role of the police in protecting rights of those accused (Harr, Hess & Orthmann, 2012). The Fifth Amendment guarantees that in any criminal case, no person shall be a witness against himself (Harr, Hess & Orthmann, 2012). The Sixth Amendment on the other hand provides that in all criminal prosecutions, the accused shall be entitled to have assistance of a counsel for his defense (Harr, Hess & Orthmann,

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Summary Of Miranda V Arizona 384 US 436

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Can the confession Miranda gave be used in trial against him? In a 5-4 decision, the court determined that in order for an interrogation and the statements made on behalf of the defendant to be considered as evidence, and in order to protect the accused, the accused needs to be aware of the fact that he/she has the right to an attorney, aware of self incrimination, and will need to voluntarily give up their right to these things if they choose to do so. In this case it was decided that it was not acceptable to use the confession Miranda made against him, and his rights were violated. If any of these criteria are not met, any statements made during an interrogation cannot be used against the defendant, otherwise their rights would be violated. This case is very significant because it changed the way officers perform their duties, and all accused must be read their miranda

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Miranda Vs Arizona Case Study

1196 Words | 5 Pages

Miranda was then interrogated for 2 hours by multiple police officers. They eventually got a signed written confession out of him. Which was inevitably presented at court where he was found guilty and sentenced to 20-30 years in prison for each count of rape, and kidnapping. One of the cases they addressed was Vignera V. New York. Police picked up Vignera believing he was related to a robbery that had happened three days prior to them picking him up.

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Case Brief Miranda Vs Arizona

688 Words | 3 Pages

Upon arrival Miranda was identified by the victim and subjected to two hours of interrogation. Upon the completion of the interrogation Miranda made an oral confession and signed a written statement. The statement signed by Miranda stated that the confession obtained was done so voluntarily and with full knowledge of his constitutional rights. At trial Miranda's confession was admitted as evidence. Miranda was convicted of rape and kidnapping.

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Assignment 2: Briefing Of Miranda V. Arizona

783 Words | 4 Pages

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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Research Paper On Miranda Vs Arizona

305 Words | 2 Pages

Miranda v. Arizona In 1966 Ernest Miranda was arrested at his home and taken to a police station where he was identified by the complaining witness. After a 2 hour interrogation he was found guilty of kidnapping and rape. He confessed all of this without being read his rights. The police did not read him his rights that are stated in the 5th amendment.

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Case Brief Case: Miranda v. Arizona (1966) Facts: The Miranda warning, which informs criminal suspects of their rights to remain silent and to an attorney while they are in police custody or being questioned in a detention facility, was created by the landmark Supreme Court case Miranda v. Arizona (1966). It was brought by Ernesto Miranda, who was detained under the charges of rape, kidnapping and robbery. He wasn't told of his right to an attorney or the right to remain silent before being questioned by the police, so Miranda admitted to the crimes while being interviewed. The confession was admitted into evidence during the trial, and Miranda was found guilty. Procedural History: After Miranda was convicted, he appealed to the Arizona Supreme Court who reaffirmed his rights had not been violated.

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Miranda Vs Arizona Court Case Essay

1005 Words | 5 Pages

Ernesto Miranda was tried for the kidnapping and rape of an 18 year old female. When they brought him in, the girl was not able to positively identify him in a lineup (Miranda V. Arizona). He was then interrogated for two hours by two of the officers that arrested him. At the end of the interrogation, Ernesto wrote and signed a confession (United States Courts). Ernesto was tried in Phoenix Arizona, but his lawyers said that the trial was unfair and that his 5th and 6th amendment rights had been violated due to the fact that Ernesto was never told his rights (Miranda V. Arizona).

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Essay On Miranda V. Arizona 384 US 436

799 Words | 4 Pages

Id. However, two hours later after the interrogation Ernesto Miranda signed a written confession that also stated that Ernesto Miranda was aware of his legal rights even though the officers did not ask Miranda if he knew anything

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Since the Police never informed Miranda of his rights he had no counsel, never finished the 9th grade, and had a former history of mental instability. The prosecution on the case only used his own wrongfully obtained confession against him, and sentenced him 20-30 years in prison. He had appealed to the Arizona Supreme court claiming that the Police had unconstitutionally obtained his confession, the court disagreed with him and upheld the charges and

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528 Words | 3 Pages

The Card informs, “You have the right to consult with a lawyer and have him present with you while you are being questioned” (Document J). In this case, Miranda argues that he was not aware of his right to an attorney, creating him to easily confess. The court argues that if would have been aware of these rights, perhaps he would not have confessed or feel “compelled” to make a statement immediately. When being arrested, the thought of legal counciltation might not even render through ones read. If Miranda had had a lawyer present, he would be informed that he did not need to make a statement and would not “blurt” his confession (Docutment H).

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Miranda Vs Arizona Research Paper

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David Joseph Solis Prof. Richard Manderfield WRA 115, Section 001 October 7 2015 Miranda v. Arizona, a Spark of Democracy In 1966, a Supreme Court ruling became one of the most important cases that are studied in today’s history classes. Miranda v. Arizona, a case that began when Ernesto Miranda confessed to the authorities that he indeed, raped a teenage female. Even though Miranda did not know his rights nor was he informed of them, he signed a confession where it stated that he knew his rights. The Miranda v. Arizona case did not only establish the Miranda rights, but became a symbol of democracy; an important cultural value in the United States.

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Miranda Vs Arizona Research Paper

440 Words | 2 Pages

The Supreme Court stated that Miranda’s constitutional rights were not violated because he did not ask to hear them(Miranda v. Arizona). By not hearing all of his rights Miranda would not be able to successfully win the trial. Even though Miranda wrote his confession under the statement saying that he was completely aware of his rights, his lawyers argued that his rights were not fully explained to him. The Supreme Court ruled 5-4 under Earl Warren. They agreed that Miranda’s confessions could not be used as evidence in the crime because

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Miranda Vs Arizona Essay

925 Words | 4 Pages

In the Supreme Court Case, Miranda v. Arizona, 384 U.S. 436 (1966), the challenge of the 5th and 6th amendment right was present. The 5th amendment states,” No person shall be held to answer for a capital, or otherwise infamous crime, unless on a presentment or indictment of a Grand Jury” (Constitution: VI Amendment). The amendment basically gives Americans the right to be silent. The 6th amendment states," In all criminal prosecutions, the accused shall enjoy the right to a speedy and public trial…. and to have the Assistance of Counsel for his defense” (Constitution: VII Amendment).

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814 Words | 4 Pages

Arizona. The case gained national exposure when Miranda was taken into police custody and questioned for two hours and then signed a written confession stating that he had kidnapped and raped women. Miranda was taken into court and convicted of multiple accounts and was sentenced to multiple years in prison. Miranda appealed under the argument that Miranda’s fifth amendment rights were violated. The case eventually went to the Arizona supreme court, which ruled that none of Miranda 's rights were violated.

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Miranda Vs Arizona Essay

890 Words | 4 Pages

Chief Justice Earl Warren wrote this : “The person in custody must, prior to interrogation, be clearly informed that he has the right to remain silent, and that anything he says will be used against him in court; he must be clearly informed that he has the right to consult with a lawyer and to have the lawyer with him during interrogation, and that, if he is indigent, a lawyer will be appointed to represent him.” The court set aside his conviction. After a second trial, Miranda 's confession from the previous trial were thrown out. However he was convicted again and was sentenced up to thirty years in federal prison. Once he was released on probation, a violent fight broke out at a local Phoenix, Arizona bar which left a lethal knife wound which killed him.

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