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The 5th amendment from the bill of rights
Miranda v arizona research paper
Miranda v arizona research paper
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On June 13, 1966, the Supreme Court took up a case named Miranda v. Arizona – a case based off of Ernesto Miranda. After three different cases similar to Miranda a decision by the Warren court: the government must notify arrested individuals their Fifth Amendment constitutional rights. This regards what is known today as the Miranda Rights. In order to understand how the Miranda Rights came to be, one must look at how the Supreme Court chooses which cases to pick, how the Fifth Amendment applies, and understanding the three previous court cases; as previously mentioned. Since it is the Supreme Court who chooses which case they would like to present, one must understand how the system works. The main function of the Supreme Court is to answer …show more content…
New York. Vignera was a man charged with robbery, but was not formally arrested until he had orally admitted to the robbery. The defendant was brought in for questioning where an assistant district attorney had replaced the hearing reporter, who would normally write down everything asked and answered. With both the oral confession and the oral questioning written down by a district attorney, Vignera was convicted without the knowledge of his rights to remain silent, his rights to a attorney, and he so wishes for one, but cannot afford one, a lawyer will be provided for him (Miranda v. Arizona, …show more content…
Arizona and Vignera v. New York, was the Westover v. United States. Westover was also charged with two robberies in Kansas City and was also wanted by the FBI in California for some previous felony he had committed. According to the United States Courts, Westover was interrogated that night of the arrested and then handed over to the local police for another interrogation. After being in questioning twice in less than a day, the defendant was then interrogated again by the FBI. Finally, Westover had signed confession papers of the crimes he has committed, so when brought to trial, he was quickly convicted for his signed confessions were used for evidence (Facts and Case Summary - Miranda v. Arizona). To continue that Westover was not aware of his rights, Leagle goes more into depth about the arrest: “ …appellant was arrested in Kansas City, Missouri…by two Kansas City police men, on charges of robberies…also because of a report from the Kansas City office of Federal Bureau of Investigation that the appellant was wanted on felony…he was first questioned by the Kansas City policemen he gave a false name, but later admitted his identity. He was searched, at the time of the arrest, and the automobile [he was entering] was search” (Westover v. United States). This proving the fact that Westover was immediately question and searched, before the reading of his
On the 11th of June, 1982 following the conviction of a criminal offense, Robert Johnson was sentenced to two years probation. The terms of his probation included his person, posessions, and residence being searched upon reasonable request. When a search warrant was executed for Johnson’s roommate, officers testified that with enough reasonable suspicion, they were able to search Johnson’s living area as well.
The police responded to a tip that a home was being used to sell drugs. When they arrived at the home, Gant answered the door and stated that he expected the owner to return home later. The officers left and did a record check of Gant and found that his driver’s license had been suspended and there was a warrant for his arrest. The officers returned to the house later that evening and Gant wasn’t there. Gant returned shortly and was recognized by officers. He parked at the end of the driveway and exited his vehicle and was placed under arrest 10 feet from his car and was placed in the back of the squad car immediately. After Gant was secured, two officers searched his car and found a gun and a bag of cocaine.
After two hours of interrogation by the police, Miranda wrote a complete confession, admitting to the kidnapping and rape of an eighteen-year-old girl ten days earlier. Alvin Moore was assigned to represent Miranda at his trial which began June 20th, in front of Maricopa County Superior Court Judge Yale McFate. It was pointed out that Miranda had not been informed of his Fifth Amendment right to have an attorney present during police questioning. Despite that he had not been informed of his rights, Miranda was convicted, forcing him to appeal to the Arizona Supreme Court. The charges as well as the verdict remained the same. Miranda appealed to the U.S. Supreme Court in June of 1965. Criminal Defense Attorney John Flynn agreed to represent Miranda in Alvin Moore’s stead. The Supreme Court agreed that the written confession was not acceptable evidence because of Ernesto’s ignorance of his Fifth Amendment rights, and the police’s failure to inform him of them. Then state of Arizona re-tried him without the confession but with Twila Hoffman’s testimony. He was still found guilty and was sentenced to twenty to thirty years in prison, but this case set precedence for all other cases of this
Overall this was a great case to read. Arizona v. Hicks held that the 4th Amendment requires the police to have probable cause to seize items in plain view. Again the major facts of this case were that the police had initial entry into Hick’s apartment. Even though it took place without a warrant.
Ernesto Miranda Ernesto Arturo Miranda was born in Mesa, Arizona on March 9, 1941. During his grade school years, Miranda began getting into trouble. His first criminal conviction was during his eighth grade year. The following year, now a 9th grade dropout, he was convicted of burglary. His sentence was a year in the reform school, Arizona State Industrial School for Boys (ASISB).
Arizona V. Hicks discusses the legal requirements law enforcement needs to meet to justify the search and seizure of a person’s property under the plain view doctrine. The United States Supreme Court delivered their opinion of this case in 1987, the decision is found in the United States reports, beginning on page 321, of volume 480. This basis of this case involves Hicks being indicted for robbery, after police found stolen property in Hick’s home during a non-related search of the apartment. Hicks had accidentally discharged a firearm into the apartment below him, injuring the resident of that apartment. Police responded and searched Hicks apartment to determine the identity of the shooter, recover the weapon, and to locate other victims.
New York case, a suspect named Vignera was picked up by the New York police in which Vignera was connected to a robbery of a dress shop that happened three days before Vignera was picked up. He was taken to several precincts and police headquarters before going to trial. He first went to the 17th Detective Squad Headquarters, then the 66th Detective Squad. At the 66th Detective Squad, he orally admitted to the robbery and was arrested formally. He later went to the the 70th Precinct and was questioned by an assistant district attorney in the presence of a court reporter, who typed the questions and answers from the questioning. When the trial began, the reporter gave out the transcript of the questioning to the jury and along with the oral confession. Vignera was found guilty of robbery of the first degree and was sentenced to 30-60 years in prison. The conviction was affirmed without the opinion of the Appellate Division and the Court of Appeals ( United States Courts,
In an article written by a Senior student they discuss a monumental moment in Mexican American history concerning equality in the South. The student’s paper revolves around the Pete Hernandez V. Texas case in which Hernandez receives a life in prison sentence by an all white jury. The essay further discusses how Mexican Americans are technically “white” americans because they do not fall into the Indian (Native American), or black categories and because of the Treaty of Guadalupe Hidalgo of 1848. The student’s paper proceeds to discuss the goals connecting the Hernandez V. Texas case which was to secure Mexican American’s right within the fourteenth amendment [1].
Elsen, Sheldon, and Arthur Rosett. “Protections for the Suspect under Miranda v. Arizona.” Columbia Law Review 67.4 (1967): 645-670. Web. 10 January 2014.
...e police officers. Miranda established the precedent that a citizen has a right to be informed of his or her rights before the police attempt to violate them with the intent that the warnings erase the inherent coercion of the situation. The Court's violation of this precedent is especially puzzling due to this case's many similarities to Miranda.
Miranda vs. Arizona Miranda vs. Arizona was a case that considered the rights of the defendants in criminal cases in regards to the power of the government. Individual rights did not change with the Miranda decision, however it created new constitutional guidelines for law enforcement, attorneys, and the courts. The guidelines ensure that the individual rights of the fifth, sixth and the fourteenth amendment are protected. This decision requires that unless a suspect in custody has been informed of his constitutional rights before questioning, anything he says may not be introduced in a court of law. The decision requires law enforcement officers to follow a code of conduct when arresting suspects.
is one of the sole purposes of the Supreme Court of the United States. Many
Miranda v. Arizona is a very important activist decision that required police to inform criminal suspects of their rights before they could be interrogated. These rights include: the right to remain silent, that anything you say can and will be used against you in a court of law, you have a right to an attorney, if you cannot afford an attorney one will be appointed to you be the court. In this case the Fifth Amendment's right that a person may not be forced to incriminate one's self was interpreted in an activist way as meaning that one must be aware of this right before on is interrogated by the police. Prior to this ruling it was common practice to force and coerce confessions from criminal suspects who did not know they had the right not to incriminate themselves.
Miranda v Arizona went all the way to the Supreme Court. There the Supreme Court ruled that the police do have a responsibility to inform a subject of an interrogation of their constitutional rights. The constitutional rights have to do with self-incrimination, and the right to counsel before, during and after questioning.
The Miranda warnings stem from a United States Court’s decision in the case, Miranda v. Arizona. There are two basic conditions that must be met for Miranda warnings to be required: the suspect must be in official police custody and the suspect must be under interrogation. The suspect goes through a booking process after an arrest. The suspect will have a bond hearing shortly after the completion of the booking process or after arraignment. The arraignment is the suspect’s first court appearance to officially hear the charges filed against him or her and to enter a plea. The preliminary hearing or grand jury proceeding determines if there is substantial evidence for the suspect to be tried for the crime charged. In this essay, I will identify and describe at least four rights afforded criminal defendants at the arrest stage and during pretrial. I will analyze the facts presented and other relevant factors in the scenario provided. I will cite legal authority to support my conclusions.