Preview

Miranda Vs Arizona Case Study

Satisfactory Essays
Open Document
Open Document
341 Words
Grammar
Grammar
Plagiarism
Plagiarism
Writing
Writing
Score
Score
Miranda Vs Arizona Case Study
1. The U.S. Supreme Court's ruling of Miranda v. Arizona set a precedence on how future suspects would be interrogated. It makes complete sense to advise a person that is being interrogated that he or she has a right to remain silent during interrogation and that he or she has the right to have counsel present during an interrogation. It's also important that the suspect be fully aware and full understand his or her rights before the interrogation begins. -WRITTEN AND INTERPERSONAL COMMUNICATION-METHODS FOR LAW ENFORCEMENT By Harvey Wallace and Cliff Roberson(CHAPTER 9 PAGE 136)
2. I definitely feel like the Miranda Warning is still a valid concept. I feel like reminds the suspect that they still have rights and they are still innocent until proven guilty. Being a suspect of any crime is probably very scary and can be overwhelming with emotions.
…show more content…
Being cautious and prepared is key for interrogating suspects. The interrogation location should be free from distractions or interruptions. The interrogation room should be well lit and secure. It's important that the officer not ask close ended questions. Asking closed ended questions will lead to short yes or no responses. Asking open ended questions will lead to a broader response and more information will likely come out. Taking notes and recording the interrogation is also key. Although there are many types of interrogation techniques, the officers should discuss the role they will be playing before hand. They can decide which type of interrogation technique will bring out the best results. -WRITTEN AND INTERPERSONAL COMMUNICATION-METHODS FOR LAW ENFORCEMENT By Harvey Wallace and Cliff Roberson(CHAPTER 9 PAGES 139-145)
4. Ernesto Miranda was retried again and found guilty based on witness testimony. He was sentenced to 20 to 30 years in prison. In 1972, Miranda was paroled and began making a living by autographing police officers "miranda cards". On January 31, 1976 he stabbed to death in a bar during an

You May Also Find These Documents Helpful

  • Good Essays

    Janet Ainsworth’s journal article, “’You Have the Right to Remain Silent. . .’ But Only If You Ask for It Just So: The Role of Linguistic Ideology in American Police Interrogation Law,” addresses the complexities that arise when attempting to invoke Miranda rights. Ainsworth begins the article by explaining how the Miranda rights were established as a compromise with its initial goal to alleviate pressure from those detained. She references the Davis v United States case as a key example due to its ruling which held that Miranda rights could only be invoked when the language used by the arrestee has a clear and unambiguous meaning.…

    • 426 Words
    • 2 Pages
    Good Essays
  • Satisfactory Essays

    The Miranda v. Arizona case is considered to be one of the most important and famous cases in modern law history that provided the foundation for some important legal provisions. It occurred in 1966 in Arizona, when a young man named Ernesto Miranda, a Mexican immigrant living in Phoenix, Arizona, was charged with robbery, kidnapping, and rape of a young woman several years prior the trial (Zalman, 2010). Before the suspect was interrogated, the police did not inform him of his constitutional right to remain silent which allowed the interrogators to get the confession. Given that this case provided the foundation for the right to remain silent, it became very famous and important. The present paper attempts to analyze the…

    • 140 Words
    • 1 Page
    Satisfactory Essays
  • Good Essays

    The year 1966 was a turning point for rights of United States citizens because of the Supreme Court case, Miranda v. Arizona. Miranda was arrested for rape and kidnapping of a woman. Following his arrest, he was convicted based on his confession of the crime. Nevertheless, the Supreme Court ruled that his rights were violated according to the Fifth Amendment, which lead to his release. Reynolds Lancaster and Gina Jones were two authors that pointed importance of rights and issues related to the case Miranda v. Arizona, which lead to the Miranda warning.…

    • 326 Words
    • 2 Pages
    Good Essays
  • Good Essays

    Miranda V. Arizona

    • 671 Words
    • 3 Pages

    * The first Defendant, Ernesto Miranda, was arrested for kidnapping and rape. Mr. Miranda was an immigrant, and although the officers did not notify Mr. Miranda of his rights, he signed a confession after two hours of investigation. The signed statement included a statement that Mr. Miranda was aware of his rights.…

    • 671 Words
    • 3 Pages
    Good Essays
  • Good Essays

    Ernesto Miranda was a poor Mexican immigrant living in Phoenix, Arizona, during the 1960’s. Miranda was arrested after a crime victim identified him in a police lineup. He was charged with rape and kidnapping and was interrogated for two hours while in police custody. The police officers questioning him did not inform him of his Fifth Amendment right against self-incrimination, or of his Sixth Amendment right to the assistance of an attorney.…

    • 622 Words
    • 3 Pages
    Good Essays
  • Good Essays

    By custodial interrogation, we mean questioning initiated by law enforcement officers after a person has been taken into custody or otherwise deprived of his freedom of action in any significant way.” The Court also held that “without proper safeguards, the process of in-custody interrogation of persons suspected or accused of crime contains inherently compelling pressures which work to undermine the individual’s will to resist and to compel him to speak where he would otherwise do so freely.” Therefore, 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.” As those reasons, the Supreme Court reversed the judgment of the Supreme Court of Arizona in Miranda, reversed the judgment of the New York Court of Appeals in Vignera, reversed the judgment of the Court of Appeals for the Ninth Circuit in Westover, and affirmed the judgment of the Supreme Court of California in Stewart.…

    • 875 Words
    • 4 Pages
    Good Essays
  • Good Essays

    Miranda Case Study

    • 887 Words
    • 4 Pages

    Ernesto Miranda, a mexican immigrant living in the United States, was arrested by officers Carroll Cooley and Wilfred Young at Miranda's home in Phoenix, AZ. He was put into custody and taken to a local police station. Miranda was put into police lineup and was identified by the witness, Lois Jameson. Following, Miranda was interrogated for two hours by two police officers with the Arizona police department, before making a written and signed confession of the crimes. This confession was presented at trial and Miranda was sentenced to 20-30 years in prison on each count of kidnapping and rape. The Supreme Court of Arizona found that Miranda's constitutional rights weren't personally violated, but ruled that police officers are required to…

    • 887 Words
    • 4 Pages
    Good Essays
  • Better Essays

    Ernesto did not complete the ninth grade and he had a history of mental instability. He also had a prior record which means he was not a stranger to the criminal justice system. In this case Miranda vs. Arizona the facts are Miranda was arrested and taken into custody and was identified in line-up by a witness accusing him of kidnapping and raping a woman. He was interrogated by two officers for two hours which lead in to a written and signed confession about the crime. No counsel was present nor was one offered during the interrogation phase.…

    • 1525 Words
    • 7 Pages
    Better Essays
  • Satisfactory Essays

    Does the Miranda right unsure justice and preserve liberty? The Miranda rights are a silent warning given to those that are accused of deeds they may or may have not committed.…

    • 235 Words
    • 1 Page
    Satisfactory Essays
  • Satisfactory Essays

    Many people think the Miranda Rights are very important to our law system. I would have to agree with this statement. We need the Miranda Rights so people being arrested know they have the right to be silent and they do not have to confess. Some people do not know the rights they have if they are uneducated in law or the constitution. The Miranda Rights are very important to our country and our people.…

    • 504 Words
    • 3 Pages
    Satisfactory Essays
  • Good Essays

    In 1966 the Miranda Rights were created from the United States Supreme Court case of Miranda V. Arizona. When Ernesto Miranda was charged with rape, kidnapping, and robbery he was not informed of his rights before policy interrogated him. The police proceeded with a two hour interrogation in which Miranda allegedly confessed to committing the crimes, with no counsel being present. As the trial progressed the prosecution’s case was based solely on his confession. He was convicted and sentenced to 20 to 30 years in prison. Miranda then appealed claiming that the police unconstitutionally obtained his confession. The court disagreed and upheld the conviction. Then Miranda appealed to the U.S. Supreme Court, which ruled that prosecution could not use Miranda’s confession as evidence in a trial because the policy did not inform him of his right to an attorney. From all of this the Court made statements that police are required to read the Miranda Rights to anyone who is being detained and interrogated. (A. McBride, 2006)…

    • 585 Words
    • 3 Pages
    Good Essays
  • Good Essays

    FACTS: On March 16, 1963, Ernesto Miranda was arrested for kidnapping and rape. Mr. Miranda was an immigrant, and although the officers did not notify Mr. Miranda of his rights, he signed a confession after two hours of investigation. The signed statement included a statement that Mr. Miranda was aware of his rights, although the officers admitted at trial that Mr.Miranda was not appraised of his right to have an attorney present, and that his statement was made “without threats or promises of immunity and full understanding of my legal rights….”…

    • 627 Words
    • 3 Pages
    Good Essays
  • Good Essays

    All of residents in the U.S. ought to learn and understand the Miranda Rights operation. To numerous the Miranda Rights may appear or sound adorned, it is most certainly not. We have seen the Miranda Rights read innumerable of times on T.V. appears and in films. You and I may comprehend our Miranda Rights to some point, that is not the situation for others in the United States however. Miranda Rights showed up from the court instance of Miranda v. Arizona, which happened in 1966. A man named Ernesto Miranda had not been illuminated on his rights. He had been captured and taken to the police headquarters. Miranda was secured in an isolated cross examination space for quite a long time. Miranda had not been educated of his rights to acquire an…

    • 590 Words
    • 3 Pages
    Good Essays
  • Good Essays

    Essay On Miranda Rights

    • 539 Words
    • 3 Pages

    The Miranda warning is important because it lets the person in custody know what their rights are. It lets the suspect know that they are protected and that they have the right to counsel. It also lets them know they have the right to remain silent. It also lets them know that anything they say can and will be used against them in a court of law. The Miranda rights lets the suspect know they have the right to speak to an attorney and have an attorney present while being questioned. The Miranda rights are important because their are a lot of things a suspect needs to know when being arrested or being questioned by police.…

    • 539 Words
    • 3 Pages
    Good Essays
  • Better Essays

    The Right to Remain Silent

    • 1164 Words
    • 5 Pages

    The Supreme Court issued the Miranda decision in 1966, requiring police to inform any and all criminal suspects of their right to remain silent and to converse with a lawyer (Cornell Law School University. 1995-2004). While it is intended to prevent police misconduct, the Miranda warning constraint can be taken to boundaries that can contaminate police work and threaten just…

    • 1164 Words
    • 5 Pages
    Better Essays