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Miranda Warning

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Lastly one of the most influential concepts that the Supreme Court has created on policing is the standard of the Miranda Warning. The Miranda Warning was a result of four different cases involving voluntary confessions made by suspects when being interrogated. In one of the most influential cases Miranda v. Arizona (1966), a young women was kidnapped and raped Phoenix, Arizona. Ten days later, Miranda was arrested and taken into custody by the Phoenix police department. The young woman identified Miranda as her attacker, and afterwards Miranda was taken into an interrogation room and interrogated by police officers for two hours. When being interrogated, Miranda made two 2 confessions, both morally and written. Miranda was arrested and sentenced …show more content…

The defendant may waive effectuation of these rights, provided the waiver is made voluntarily, knowingly and intelligently.” Based on the opinion of the court, there were four safe guards that officers were mandated to tell a suspect before interrogating them, you have the right to remain silent, anything you say can be used against you in a court of law, you have the right to an attorney present, and if you cannot afford an attorney than one will be appointed to you prior to any questioning. These four safe guards became known as the Miranda Rights and have changed the method of policing. Any and all suspects have the right to an attorney due to these rights. As a result, it is much harder for officers to interrogate a conviction out of suspects with their lawyer present, who’s only concerned about proving his client innocent. At the same time police officers now can’t abuse their power during interrogations and force a conviction out of a suspect in custody. Roscoe C. Howard Jr. also state, “ The Miranda majority took great pains to trace the history of the Fifth Amendment privilege against self-incrimination and demonstrate that its application to custodial interrogations was rooted in the Constitution.” Based on Howard Jr.’s quote, the Miranda Rights are traced back to the Fifth Amendment right against self incrimination. No where in the U.S constitution does it say anything about Miranda Rights. However, it is the duty of the Supreme Court to interpret the constitution and by interpreting the Fifth Amendment of the constitution, the court created the Miranda Warning standard. Furthermore, in the case of New York v. Quarles (1984), the Supreme Court went on to add more to the Miranda Warning standard. In this case, after receiving the description of Quarles from a women

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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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In the earlier paragraph I stated that our Miranda rights are the right to remain silent, anything you say can and will be used against you in a court of law, the right to an attorney, if you can not afford an attorney one will be provided for you. The reason police have to tell a person these before detaining or questioning is because if they gain a statement or confession without telling a suspect their Miranda rights those statements are no longer valid in any court of law. This is exactly what happened in the Miranda V. Arizona case. Miranda was detained by police for questioning and gave a written confession after two hours of custodial questioning. Miranda confessed to the kidnapping and killing a girl and was sentenced to twenty five to thirty years in jail.

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Arizona case argued whether or not “the Fifth Amendment’s protection against self-incrimination extend to the police interrogation of a suspect” (Oyez). Miranda, after two hours of interrogation, gave a written confession to the police saying that he was guilty. However, the police did confess that they had never informed Miranda of his Fifth Amendment rights, which included a right to an attorney, and because of this, the argument was made that the police had violated Miranda's Fifth Amendment rights. Warren, who was a part of the majority, in this case, decided in favor of Miranda, and that “the Fifth Amendment’s protection against self-incrimination is available in all settings. Therefore, prosecution may not use statements arising from a custodial interrogation of a suspect unless certain procedural safeguards were in place” (Oyez).

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524 Words | 3 Pages

In a 5-4 Supreme Court decision Miranda v. Arizona in 1966 ruled that Ernesto Miranda is entitled to rights against self-discrimination and to an attorney under the 5th and 6th Amendments of the United States Constitution. At trial, the oral and written confessions were presented to the jury. Miranda was found guilty of kidnapping and rape and was sentenced to 20-30 years imprisonment on each count. On appeal, the Supreme Court of Arizona held that Miranda's constitutional rights were not violated in obtaining the confession. The Supreme Court, in a 5-4 decision written by Chief Justice Earl Warren, ruled that the prosecution could not introduce Miranda's confession as evidence in a criminal trial because the police had failed to first inform Miranda of his right to an attorney and against

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1144 Words | 5 Pages

For nearly fifty years police have been reading suspects their rights because of a landmark 1966 United States Supreme Court case, Miranda v. Arizona. The Fifth Amendment requires that law enforcement officials advise suspects of their Constitutional right to remain silent and to obtain an attorney during interrogations while in police custody. This protects the individual from self incrimination and if they were to speak it would be on their own free will. The United States Supreme Court has changed the way police conduct their duties to this day, while protecting an individual’s rights. Ernesto Miranda was convicted of his first crime while in eighth grade.

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Before the 20th century, there were few, if any, cases based on the Fourth Amendment. However, as surveillance by law enforcers became more common, these tactics, and others, were scrutinized in court cases throughout the 20th and 21st century. Within the past 50 years there have been more and more cases held to determine whether or not a citizen’s right were being violated or if authorities were within the law. Like a story with multiple timelines, the outcome of a case disputing the fourth amendment is not always clear or predictable. PII Like many of the other amendments, already established traditions of British law supported the concept of the IV Amendment.

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Having police require to remind arrested citizens of their Constitutional rights is fundamental. Without the Miranda Rights citizens might not know the rights the Bill of Rights grants every citizen.

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The Miranda warning provides protection to help people be provided their rights under the fifth and sixth Amendment’s. When a person is either caught or believed to have committed a crime and need to be questioned by an officer they are given their rights. They are asked if they understand their rights which is also protecting the person and an officer. These rights are given when taken into custody or before and interrogation. There are many pros and cons, like right to remain silent or right to an attorney are the ones you hear a lot about and can help a person that is being arrested.

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Moreover, Miranda applies only during “custodial interrogations.” “Custodial” in this case means either: (1) after they have been taken into police custody “Whether they are considered “in custody” depends on “how a reasonable man in the suspect 's position would have understood his situation.” Or (2) when they have been deprived of their freedom of movement. “Interrogation” can be either: (1) direct questioning by the police; or (2) the “functional equivalent” of direct questioning. It is considered interrogation whenever the police say or do something to them that they should know is probable to cause them to confess or say something incriminating.

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Ever since the 1960 's the justice system has been under construction because of the innovative precedents. There has been a constant debate about the justification of the people and how police conduct has an impact. the framework of the fourth amendment will give a better understanding on how the fourth amendment is used. "The right of the people to be secure in their persons, house, papers, and effects, against unreasonable searches and seizures, shall not be violated, and no Warrants shall be issue, but apon probable cause, supported by Oath or affirmation, and particularly describing the place to be searched, and the persons or thing to be seized (U.S Const,. amend IV).

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890 Words | 4 Pages

Even though what Miranda did was a violent and horrible action. His trial still brought up controversy in the court system which later turned into a Miranda warning card that police stations around the country use to this

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Also a person being interrogated might give a false confession if it were not for the ability to remain silent (Taylor, 2015). The criminal justice system is in the United Stated of America is not without flaws, but it has certain protections built in to safeguard the individual from government oppression. The fifth amendment is one of them, it affords a person protection from being forced to give evidence against themselves. Should this right be violated there are remedies in place whereby any evidence gain from this violation can not be used against the person. There is also the possibility of a civil suit for a violation of one's fifth amendment rights by the government or its

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702 Words | 3 Pages

Oh yeah your Miranda rights. These are rights given to you; the free people of the United States, declaring by the Fifth Amendment that while you are being detained by a police officer they have to read your rights to you which is… You have the right to remain silence. Anything you say can and will be used against you in the court of law. You have the right to an attorney and have the right to have one during interrogation. If you cannot afford one, one will be provided to you by the government expense.

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1747 Words | 7 Pages

The Miranda rights, or Miranda warnings, are rights printed on cards that are read by police officers before arrests. These warnings come from a famous case in 1966 called Miranda v. Arizona, in which a man was arrested without knowing his rights. This is a direct violation of the Constitution because he wasn’t told

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This right is very vital it gives you the right to remain silent or if you do not what you say can and will be used against you in a court of law. Another right you have due to the Miranda warning is the right to an attorney. This is very important because if a suspect taken into questioning and wishes to have an attorney present the police cannot begin interrogating

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