Tuesday, March 15, 2022

Miranda vs arizona essay

Miranda vs arizona essay



Arizona did not agree with that argument at all and felt that they did nothing wrong at all. Supreme Court on February 28th, They used his confession in court which got him arrested on all counts, miranda vs arizona essay. The government has a compelling interest in deterring crime and punishing criminals. Once in the Trial, the confession was accepted. In the final text for the Miranda Warning was created. The Miranda vs.





Introduction



The certainty of Miranda v, miranda vs arizona essay. Arizona is a known as the important legitimate contention, simply because at the finish of Miranda vs. Arizona it prompted the presence of something huge that is still even practiced till this day. The case of Miranda v. Arizona occurred…. No man is allowed to be tortured to attract a confession out of him; he must be convicted first by trial. The Connecticut Law in…, miranda vs arizona essay. Everyone has their natural right when they are being arrested or enterrigated they must be informed of their rights so that they understand that everything they say can and will be used against them later.


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Society as a whole has become better, and police officers now tell everyone their rights. We have come with the conclusion that everyone has the right to know their legal rights either by self-interest or because it is morally right. Miranda v. Arizona The main purpose of the United States Constitution was to limit the power of the government, and to protect the natural rights of life, liberty, and the pursuit of happiness. The fifth amendment protects these rights. Before , people who were arrested were not given a full and effective warning of their rights. Many would testify and sign statements to declare themselves guilty of the crime they were accused of. With the case of Miranda v. Arizona , the law changed to aware the people about their rights at the time of their arrest.


On March 13, , Ernesto Miranda, was arrested at his house and taken in custody to a Phoenix police station. After being identified by a witness, he was taken to an interrogation room. He was questioned by two police officers, in his trial, they confessed that Miranda was not aware of his right to have an attorney present. Hours after the interrogation the officers wrote the confession which was signed by Miranda without knowledge of what he signed. The most important detail of this confession was that at the top of the paper, it stated that the confession was made voluntarily, and he knew of his legal rights.


Once in the Trial, the confession was accepted. On the appeal, Miranda was still declared guilty. The court believed that his rights were not violated and that he never requested a counsellor for his case R. Boyce, D. Dripps, and R. Perkins, From the testimony of the officers it was clear that Miranda was not aware of his rights when he signed the confession that was written for him. Due to his ignorance about the law, he could have faced up to 30 years in prison. Another controversy of this case was that the Supreme Court send a warning to all the officers that they must inform the people about their rights while getting arrested and before the questioning takes place.


The officers must tell individuals that they have the right to remain silent, that any statements they make may be used against them, and that they have the right to have an attorney present during questioning. If in any circumstances the individual is unable to pay for an attorney, they will be assigned an attorney at no cost Cassell, P. People v. Stewart The court recognized that many errors had occurred since officers did not said to the people about their civil rights, and many people were not aware of their rights.


Arizona was not the first case where the officers did not let the defendant know about their counsel rights. For example, on December 19, , Miss Lucile O. Mitchell was beaten and robbed; she was found on her porch dead. Prior to this case People v. Stewart , the local officers have been investigating a series of robberies that were occurring in the area, the officers suspected that there could be a connection with all the robberies. One of the previous victims was carrying checks with her and those checks were cashed. The officers interviewed the owner of the market where the checks were cashed, the owner told them about Mr.


Without any proved that Mr. Stewart was the one committing the robberies, he was interrogated for a couple of days without telling him about his rights to a counsel. In one of the interrogations the defendant confessed that he was the one who robbed Miss Mitchell but did not intend to kill her. His confession was used as evidence against him, even though the defendant stated that he gave his statement involuntary. Nothing in the records stated if the defendant was informed prior to his confession of his counsel rights and to remain silent. On the appeal, the argument was that the officers had not effectively informed the defendant of his counsel rights or of his absolute right to remain silent.


There was no evidence established that he was waived these rights. The Supreme Court of California reversed the conviction Scocal, They did not tell him of his rights of self incrimination and the right to have the assistance of an attorney. They used his confession in court which got him arrested on all counts. While in prison miranda appealed his case when he saw that it was not fair to him because they did not explain his rights. In the U. S Supreme Court agreed to review the Miranda vs. Arizona case. John J. Arizona did not agree with that argument at all and felt that they did nothing wrong at all. The case then went before the U. Supreme Court on February 28th, After the second day of arguments Arizona had a large amount of cases against them on his rights being violated.


On June 12, Miranda won Arizona and was soon given a second trial. His second trial lasted nine days and began on February 15th, On March 1st his guilty verdict was because of the testimony by his common law wife. Finally he was sentenced to years in prison. In he was paroled and returned to the world. He was still committing crimes like driving offences and for the possession of a gun and eventually lost his licence. He then violated his parole and went to Arizona state prison for another year. In Miranda got outta prison and later that day got into a violent fight outside of a bar in Phoenix and was stabbed with a knife. His killer was never found or arrested. He died on January 31st and was buried in the City of Mesa Cemetery in Mesa, Arizona.


This case changed the way the laws work today. In the final text for the Miranda Warning was created. They sent this out to all the police agencies in the country because it was officially required for everyone. The Miranda Law is the requirement that when someone is being arrested and interrogated they must be told their rights from the police. Although the Miranda rights are only required if the person is being interrogated in a criminal investigation and if you want to use their statements against them. If the miranda right is not read then the court may not use anything that the suspect says for evidence. Anything you say can and will be used against you in a court of law. You have the right to talk to a lawyer and have him present with you while you are being questioned.


If you can not afford to hire a lawyer, one will be appointed to represent you before any questions if you wish. You can decide at any time to exercise these rights and not answer any questions or make any statements. Do you understand each of these rights I have explained to you? Have these rights in mind, do you wish to talk to me? Arizona case had a huge impact on this law. It urged them to create this so that people are given their rights and allows them to have a fair trial. The Miranda Warning affects my life today because when people are arrested they can have their natural rights and understand them when they are being arrested.


Which means if I were to be arrested I would know my rights and the things I should and should not do. It gives people the chance to be smart and not make a life changing decision which can get them in a lot of trouble. It also allows people to know that they are allowed to have someone there to defend and protect them when they are being interviewed by the police. They could get persuaded by the police without even knowing it. This case miranda v arizona was the beginning of the huge impact of the miranda law. They still put his confession in court even though nothing was said about his rights were said.


He caught the problem and impeached the case and was set to have another one. Although they said he was guilty again they felt that it was important that people were told their rights when arrested and interrogated. So because of this they created the miranda right. This is needed all around the country so that the police informs people of their rights when they are taken into custody. We use cookies to offer you the best experience.

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