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The American judicial system
Miranda v arizona legacy of the case
Criminal justice system of the US
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Recommended: The American judicial system
The supreme court rules on less than 1 percent of the appeals that they receive every year. It is very difficult to have a case considered worthy of the supreme court’s time and there are few ways in which one can get to that point. The cases that most likely will reach the highest court include the following: “1) cases between the United States and one of the 50 states 2) cases between two or more states, 3) cases involving foreign ambassadors or other ministers, and 4) cases brought by one state against citizens of another state against a foreign country” (Ginsberg et al., 378). On rare occasion, these will not be the only cases that will stand before the supreme court, an example of that would be Miranda v. Arizona. Typically, cases that …show more content…
The case of Miranda v. Arizona laid down the framework for modern day practices in law enforcement. Miranda v. Arizona began with the arrest of Phoenix Arizona resident Ernesto Miranda in 1963. He was arrested for rape, kidnapping and robbery. Miranda pleaded guilty to the charges and was sentenced to 20- 30 years in prison for rape and kidnapping. While in prison, Miranda petitioned to have his case reviewed by the Supreme Court. During Miranda’s interrogation with the police he was not made aware of his 5th and 6th amendment right. The 5th amendment states: “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 offense to be twice put in jeopardy of life or limb; nor shall be compelled in …show more content…
The results of this case led to the creation of the “Miranda rights”, which were to address the “widespread ignorance of the law”. The phrase “You have the right to remain silent. Anything you say can and will be used against you in a court of law. You have the right to an attorney…” has been a series of phrases that the American people have grown used to (“What are Your Miranda Rights?”). I grew up hearing it in dramatized police and criminal TV shows, however I never knew why it existed. Therefore, I chose to research this case. I had not even heard of Miranda v. Arizona prior to taking US Government so, it was good being able to explore some of the practices that I had no idea had so must story behind it. This case in particular made me realize that all though Miranda walked away free from this due to a technicality, it helped in creating a change so that this type of confusion would not happen
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
The Case of Arizona v. Hicks took place in 1986; the case was decided in 1987. It began on April 18th 1984, with a bullet that was shot through the floor in Hick’s apartment; it had injured a man in the room below him. An investigation took place. Officers were called to the scene. They entered Mr. Hicks’ apartment and discovered three weapons and a black stocking mask.
Defenders of the Miranda decision say that fewer crimes solved are for a good reason. They believe that law enforcement officers were forced to stop coercive questioning techniques that are unconstitutional. Over the years, the Supreme Court has watered down its stance in saying that the Miranda rules are not constitutional obligations, but rather “prophylactic” safeguards intended to insure that officers do not force a confession from a suspect. The need for both effective law enforcement as well as protection of society dictates the need for potential alternatives to the limitations of Miranda that would simultaneously protect the interest of society in effective law enforcement while at the same time providing protection to suspects against unconstitutional force (www.ncpa.org).
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.
In the case of Affleck and Damon v. Booth the primary nature of the case was in regards to their fourth amendment rights being broken; no probable cause for Booth and others to search and maintain their assets in the state of Georgia. In the District court, the ruling past onto both parties was that the case was dismissed due to Booth having no personal jurisdiction in the state of Nevada. This therefore was passed up to the Circuit court of Appeals whom overturned the lower courts decision based on the factors of the case encompassed more than the initial seizure. As both parties are not in agreement with where the trial shall be held the Supreme Court now will make a final decision based on issues to be ruled upon, material facts, and legal principles in practice.
Miranda rights are the entitlements every suspect has. An officer of the law is required to make these rights apparent to the suspect. These are the rights that you hear on every criminal investigation and policing show in the country, “You have the right to remain silent, anything you say may be used against you, you have the right to consult an attorney, if you can’t afford an attorney one will be appointed for you.” After the suspect agrees that he or she understands his/her rights, the arrest and subsequent questioning and investigation may continue. These are the liberties that were afforded to suspected criminals in the Miranda Vs Arizona.
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].
Miranda Rights became a United States Supreme Court decision in 1966 (Miranda v. Arizona), in which the high court made a decision in favor of and upheld that the Fifth Amendment rights of Miranda were violated. The Miranda ruling gives suspects the right to remain silent and not speak to any law enforcement as a means to prevent self incrimination, the right to have an attorney present during questioning, if an attorney is requested and the defendant can’t afford one, there are provisions in Miranda for an attorney to be appointed to defend the individual.
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.
Arizona’s Constitution was written sometime in 1910; amended, ratified, and approved by Congress in 1911. Then Arizona became the 48th state and the last adjoining state to be welcomed in the Union; on February 14, 1912. Since then the citizens of Arizona has amended their Constitution many times. The Constitution consists of thirty articles. There were quite a lot of events that impacted the process of Arizona becoming its own state. The first section will examine the events that developed Arizona Constitution. The next section will summarize the powers and functions of Arizona's three branches of government. In the following section will discuss the procedures for amending this Constitution. Finally, a reflection on the amendment process for the Arizona Constitution will close this document.
...hrough or not, they were dealing with a similar case in which the suspect won with 5 of 9 justices agreeing. The Arizona courts denied Miranda’s appeal so he remained in jail. His last chance appealing to the U.S. Supreme Court, but he could not afford the $100 fee needed to do so. He sent in the papers only to have them returned because of improper papers. He resent it without the money to see if the supreme court would listen to his petition. While waiting for a response from the Supreme Court, Miranda was joined by JJ FF and FF NN. Frank’s strong point was the U.S. Constitution and NN’s was criminal law. Many Months had passed until the Supreme Court responded and the lawyers worked on the brief during this time. Towards the end of February of 1966, the legal group in which represented Miranda appeared before the supreme court to make their spoken arguments.
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.
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.