Miranda Vs Arizona Research Paper

Miranda v. Arizona

“You have the right to remain silent.

Anything you say can and will be used against you in a court of law.

You have the right to an attorney.

If you cannot afford an attorney, one will be appointed for you.”

To begin with, the background and information on the case law that brought upon the Miranda rights to be read, stated, and understood by the officer to the detainee upon the apprehension of the individual. Miranda v. Arizona case law was decided in 1966 on the date of June the thirteenth. This was the established case law for other rulings to follow in holding accountability to any evidence or confession obtained without the suspect or offender being read and understanding his or her rights to the 5th amendment of “pleading

Miranda was arrested for the crimes of kidnapping and rape. These are very serious crimes and allegations. Just because an officer did not tell the individual those four lines of the Miranda rights everything is inadmissible. It should not be inadmissible if the individual committed these crimes and it is proven through confession or evidence such as DNA from a rape test they should be held accountable! The individual made decision and committed a crime and the officer simply didn’t advise him or her of his rights so now that person goes free. What about the victim here, what about his or her right to feel safe and secured; with the Miranda rights law this eliminates that safety to the victim and even the community. By throwing out these cases per say we are bringing threat back in to the community and possibly even towards the victim. As a society we have a right to protection and with releasing these individuals and not holding them accountable at all is not only a slap in the face to the victim, but gives the offender an egoistic attitude that they can get away with

He knew how to beat the system and how to turn situations around in his favor. Ernesto had been in the criminal justice system for majority of his life. He had been in trouble from the time he was in grade school in Mesa, Arizona, shortly after his mother died and his father remarried. He was a chronic truant, and had his first criminal conviction when he was in 8th grade. The following year, Miranda was arrested and convicted of burglary, and sentenced to a year in reform school. In 1956, about a month after he was released from the Arizona State Industrial School for Boys, Ernest was walking home one night when he happened to glimpse a nude woman lying on a bed in her home. To Miranda, this was an invitation to enter the home, which he did through the unlocked front door. He got on the bed with the woman, attempted but failed at intercourse, and remained in bed with her until her husband came home and called police. Miranda was returned to reform school for an additional year. He headed to Los Angeles, but the geographic cure didn’t work. Within months he had been arrested on suspicion of armed robbery, although he was not convicted, as well as some minor sex offenses including being caught in the act of being a peeping Tom. After his arrest and two-and-a-half month detention on the armed robbery charges, authorities felt that the people of California would be better off without Ernest Miranda and deported the