Friday, November 8, 2019

Miranda vs. Arizon essays

Miranda vs. Arizon essays Ernesto Miranda, a 23 year old truck driver was arrested and charged for kidnapping, robbery and rape, in the year of 1966. Throughout the 1930s police were using force and not reading people their rights as we are used to in this day in age. Force was not as bad as it had been in the past but was still there and was conflicting with peoples rights. In a 5-4 decision the Supreme Court overturned Mirandas conviction. His conviction was overthrown because it was not right that prosecutors used statements made by defendants while in police custody, unless the police had already advised them of their rights; thus it was called the Miranda Rights. This case was later re-tried, and Miranda was convicted on the basis of other evidence, having nothing to do with his earlier trial. In the end, he served 11 years in prison. Since this case, the Supreme Court determined that criminal suspects cannot be arrested without being advised of their constitutional rights and what their responsibilities are. Police, before questioning, must warn the suspect or suspects that they have a right to remain silent. Also, any statement that they make can and probably will be used against them in a court of law. When being questioned they have the right to have an attorney present with them, and if the defendant cant afford an attorney one will be appointed to them without charge. In conclusion, the Miranda versus Arizona case made a significant difference in the police and court system in the United States. To think of it, if you are not read your rights, you could confess, but your confession would be meaningless because your rights were not read. Thus, even if you did the crime you could get away with it because you were not read your rights. ...

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