Miranda vs Arizona
Miranda vs. Arizona The fifth amendment of the United States Constitution states that “No person shall be held to answer for a capital, or otherwise infamous crime, unless on a presentment or indictment of a Grand Jury, except in cases arising in the land or naval forces, or in the Militia, when in actual service in time of War or public danger; nor shall any person be subject for the same offence to be twice put in jeopardy of life or limb; nor shall be compelled in any criminal case to be a witness against himself, nor be deprived of life, liberty, or property, without due process of law; nor shall private property be taken for public use, without just compensation.” (U.S Constitution) The Miranda versus Arizona is a quite interesting case and impacted our society. This case could have been easily avoided if our Law Enforcement did everything they are supposed to do. This case was totally blown out of proportion but in the police officers defense a lot of officers make this mistake. This happened in three other cases; Vignera vs. New York, Westover vs. United States, and California vs. Stewart
This all started because an officer did not tell him his rights. A kidnapping and rape happened in Phoenix, Arizona, in March 1966. Ernesto Miranda, who was 23, was arrested in his home to be taken to the police station where he was picked out by the young lady who got raped. Later that day he was interrogated by two officers for about two hours about the crime he had committed. Ernesto Miranda was not told of his rights prior to questioning. After those two hours the police officers came out with a written confession signed by Ernesto Miranda, saying that he had “full knowledge of my legal rights, understanding any statement I make may be used against me,” and he did not claim those rights. Ernesto Miranda did not receive assistance of an attorney during questioning, or at the beginning of the hearing, and was not aware he had the right to discuss with an attorney
This all started because an officer did not tell him his rights. A kidnapping and rape happened in Phoenix, Arizona, in March 1966. Ernesto Miranda, who was 23, was arrested in his home to be taken to the police station where he was picked out by the young lady who got raped. Later that day he was interrogated by two officers for about two hours about the crime he had committed. Ernesto Miranda was not told of his rights prior to questioning. After those two hours the police officers came out with a written confession signed by Ernesto Miranda, saying that he had “full knowledge of my legal rights, understanding any statement I make may be used against me,” and he did not claim those rights. Ernesto Miranda did not receive assistance of an attorney during questioning, or at the beginning of the hearing, and was not aware he had the right to discuss with an attorney