Miranda Rights essays

Miranda Rights essays On February 28 and March 1, 1966, the case of Miranda v. Arizona was argued in the Supreme Court, and was decided on June 13, 1966. The issue in question was Does the police practice of interrogating individuals without notifying them of their right to counsel and their protection against self-incrimination violate the Fifth Amendment? Early in 1963, an 18- year old woman was kidnapped and raped in Phoenix, Arizona. The police investigated the case, and soon found and arrested a poor, and mentally disturbed man. The name of this man was Ernesto Miranda, a name that would become well known in American constitutional studies. Miranda was 23 years old when he was arrested. He confessed that he had kidnapped and raped the young woman after only two hours of questioning. By confessing to the crime, Miranda was convicted for kidnapping and rape. However, when Miranda was arrested he was not told his rights that are stated in amendment number five. On appeal, Mirandas lawyers pointed out that the police had never told him that he had the right to be represented by a lawyer, and that he could remain silent if he wished to do so. In addition, he was not told that everything that he said could be used against him. In the end of 1966, the United States Supreme Court gave support to the defendant side by only a 5-4 majority. The Supreme Court decision detailed the principles governing police interrogation. In addition, they decided that the police have to make certain points clear for the accused before questioning and suspect. Ernesto Miranda, the defendant was a Mexican immigrant working as a truck driver. Miranda previously had already had a police record. Mirandas attorneys in court argued that even though Miranda had admitted to the kidnapping and rape in the integration room that this information could not be used in court. Also Miranda was not told his rights, so therefore Miranda may not have confes...