Miranda Vs Arizona Essay

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Miranda v. Arizona Miranda v. Arizona was a groundbreaking case for the judicial system and law enforcement. It consisted of four cases; all dealing with interrogations: Miranda v. Arizona, Vignera v. New York, Westover v. United States, and California v. Stewart. In all the listed cases, each defendant was questioned without being given their rights and gave some kind of confession. Ernesto Miranda was arrested for rape, kidnapping and robbery. The victim picked Ernesto out of a line up, and he was brought in for questioning. Ernesto was questioned for hours and eventually confessed to the crime, both orally and in writing. This was the only evidence the prosecutors had for trial. During the trial the prosecution used nothing but his …show more content…

It was reviewed and overturned by The Supreme Court. The Supreme Court over turned three of the four cases, all except California v. Stewart, by a vote of 5-4. According to www.uscourts.gov, The Court held that “there can be no doubt that the Fifth Amendment privilege is available outside of criminal court proceedings and serves to protect persons in all settings in which their freedom of action is curtailed in any significant way from being compelled to incriminate themselves.” With these rulings we got what we know today as Miranda rights. The Miranda rights state a defendant “must be warned prior to any questioning that he has the right to remain silent, that anything he says can be used against him in a court of law, that he has the right to the presence of an attorney, and that if he cannot afford an attorney one will be appointed for him prior to any questioning if he so desires”, according to www.uscourts.gov. The Miranda rights must be read to anyone being detained and questioned by law enforcement. It became law that these rights must be read for any interrogation while the accused is in custody. There is a difference between be detained and willingly going to the police station. If they person volunteers to go in for questioning, they are not awarded the same

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