Miranda v. Arizona

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Miranda VS Arizona In 1966, American police procedure was changed by what is known today as the Miranda Rights. In 1963, Ernesto Miranda, a twenty three year old Hispanic American with an eighth grade education was arrested for kidnap and rape. (Paddock) He was identified by the victim of the crime in a police lineup. After he was identified, he was taken into police interrogation for two hours. When he was arrested, he was not informed of his Fifth Amendment right to not incriminate himself. He was also not informed of his Sixth Amendment right to have the assistance of an attorney. In the first part of his interrogation, Miranda denied having any involvement in the crime, but after two hours he confessed to the crime in writing. (Street Law) Miranda went to Arizona local court where it was decided that he would be sentenced to twenty to thirty years in jail. (Gitlin) In jail, Miranda wrote a letter to the Supreme Court and made a request to have a retrial. The court agreed that Miranda should have a retrial without using the evidence collected when Miranda was unaware of his rights. Despite having a retrial, the court came across another important issue to be addressed, Miranda’s previous arrest. Miranda had been arrested before so the court argued the question of whether or not Miranda should have known his rights from when he was read his rights during his past arrest. Miranda argued that his rights were violated because he admitted to the crime without knowing his rights, which should have been said to him when he was arrested. He claimed that the police had obtained his confession unconstitutionally. (Gitlin) He also mentioned that the police admitted to not telling him his rights. He reminded the Supreme Court that the... ... middle of paper ... ...e way that a specific Justice on the case had to say. "Street Law, Inc.." Home. N.p., n.d. Web. 7 Apr. 2014. . This source explains the rights that should be told to a suspect that is arrested, the fifth and Sixth Amendments. It also explains how Miranda was identified as the criminal and what happened in the interrogation room. This source helped me understand the specific amendments that apply to Miranda Rights. "Latest Stories from ISCOTUSnow." The Oyez Project at IIT Chicago-Kent College of Law. N.p., n.d. Web. 7 Apr. 2014. . This source explained the final decision of the case which was five to four. Also, it explains what the Miranda Rights include after case was ruled that Miranda Rights are required to be told to the accused. The source helped me understand the effect the case had after the final ruling.

arizona v. grant
599 Words | 2 Pages
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.
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Ernesto Miranda's Case Of Miranda Vs. Arizona
813 Words | 2 Pages
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
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732 Words | 2 Pages
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.
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1148 Words | 3 Pages
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).
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1501 Words | 4 Pages
Ernesto Miranda grew up not finishing high school. He didn’t finish the 9th grade, and he decided to drop out of school during that year. He also had a criminal record and had pronounced sexual fantasies after dropping out of high school. Ernesto Miranda was arrested in Phoenix in 1963. He had raped an 18 yr. girl who was mildly mentally handicapped in March of 1963. He was charged with rape, kidnapping, and robbery. When he was found and arrested, and he was not told of his rights before interrogation. After two hours of interrogation, the cops and detectives had a written confession from Miranda that he did do the crimes that he was acquitted for. Miranda also had a history mental instability, and had no counsel at the time of the trial. The prosecution at the trial mainly used his confession as evidence. Miranda was convicted of both counts of rape and kidnapping. He was sentenced to 20-30 years in prison. He tried to appeal to the Supreme Court in
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603 Words | 2 Pages
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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.
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Miranda vs. Arizona
396 Words | 1 Pages
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379 Words | 1 Pages
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.
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1348 Words | 3 Pages
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1001 Words | 3 Pages
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.
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Miranda v. Arizona

arizona v. grant

Ernesto Miranda's Case Of Miranda Vs. Arizona

Arizona V. Hicks