The “Miranda rule,” which makes a confession inadmissible in a criminal trial if the accused was not properly advised of his rights, has been so thoroughly integrated into the justice system that any child who watches television can recite the words: “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” Yet the 1966 Supreme Court ruling in Miranda v. Arizona remains the subject of often heated debate, and has had a great impact on law enforcement in the U.S.
On March 13, 1963, eight dollars in cash was stolen from a Phoenix, Arizona bank worker, Police suspected and arrested Ernesto Miranda for committing the theft. Eleven days earlier, an 18- year old woman was kidnapped and raped in Phoenix, Arizona. The police investigated the case but didn’t have any leads as to a suspect. During two hours of questioning Ernesto Miranda on the theft charge, without never being offered a lawyer, he confessed not only to the eight dollars theft, but also to kidnapping and raping an eighteen year old woman eleven days earlier. The police arrested the poor, and mentally disturbed man. This case would become well known in American constitutional studies. Miranda was 23 years old when he was arrested. By confessing to the crime, Miranda was convicted for kidnapping and rape and sentenced to twenty years in prison.
However, when Miranda was arrested he was not told his rights that are stated in amendment number five. On appeal, Miranda’s lawyers pointed out that the police had never told him that he had the right to be represented by a lawyer, and that he could remain silent if he wished to do so. In addition, he was not told that everything that he said could be used against him. In the end of 1966, The United State’s Supreme Court gave support to the defendant side by only a 5 – 4 majority. The Supreme Court decision detailed the principles governing police interrogation. In addition, they decided that the police have to make certain points clear for the accused before questioning and suspect.
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The Miranda case solely dealt with the first ten Amendments, or the so called “bill of rights” amendments. According to Amendment number five anyone including foreigners arrested in the United States has certain rights and privileges that should be spelled out for them at the time of the arrest. These rights are designed to ensure that everyone had the right to due process of the law, that states that a person’s rights, liberty , and property cannot be violated without a proper trial. The rights and the privileges of an accused person are as follows:
1. The accused is free to remain silent.
2. The accused has to be warned that anything he/she says can be used against the accused.
3. The accused has the right to have an attorney present during any questioning.
4. The accused does not have to answer any questions if you do not want to. The accused can terminate questioning whenever he/she wants to.
5. If the accused cannot afford an attorney, he or she will be provided with one.
It is also written in the Constitution that: “No person shall be compelled in any criminal case to be a witness against himself.” This part of the fifth amendment, along with due process, protects all citizens and non citizens if the United States. By stating the rights and the privileges of the individual who is arrested, the individual will know his or her rights, privileges, and obligations.
“Prior to questioning, the person must be warned that he has a right to remain silent; that any statement he does make may be used as evidence against him, and that he has a right to the presence of an attorney……. If he indicates in any manner and at any stage of the process that he wishes to consult with an attorney before speaking, there can be no questioning. “There cannot be federal or state convictions if defendants are denied the due process of law from the moment they are taken into custody or otherwise deprived of their freedom. These have come to be known as the “Miranda Rights”.
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The United States of America is one of the most powerful nation-states in the world today. The framers of the American Constitution spent a great deal of time and effort into making sure this power wasn't too centralized in one aspect of the government. They created three branches of government to help maintain a checks and balance system. In this paper I will discuss these three branches, the ...
Ernesto Miranda was given a second trial at which his confession was not presented. Based on the evidence, Miranda was again convicted of kidnapping and rape. He was paroled form prison in 1972 having served eleven years. In 1976, Ernesto Miranda, age 34, was stabbed to death in a fight. Police arrested a suspect who, after choosing to exercise his Miranda rights of silence, was released.
The Supreme Court has repeatedly noted that Miranda warnings are not a constitutional right but a “prophylactic” safeguard of the Fifth Amendment privilege against forced self-incrimination. If the court finds that the congressional action overriding Miranda is constitutional, the states will be free to pass laws that similarly replace Miranda. While at least two Supreme Court justices – Clarence Thomas and Antonin Scalia – Are known to favor reversing Miranda, it is hard to predict which way the court will go.
In some applications of Miranda deem to fly in the face of justice and common sense. Particularly infamous is the case of Robert Anthony Williams, who was arrested in Iowa in 1968 as a suspect in the disappearance of a young girl. In the drive to jail, after Williams had invoked his right to remain silent, a police captain made the comment, “the girls parents wanted to give her a Christian burial”; an hour later, Williams volunteered to lead the police to the body. His murder conviction was reversed by the Supreme Court on the grounds that the captain’s remark was “psychologically coercive.” Williams was convicted again, with no mention of how the body was found. Then, an appellate court ruled that the body was inadmissible too, having been located through a tainted confession. This time, the Supreme Court disagreed and the conviction was reinstated. Notably, in the end, Williams did not “walk” due to Miranda. In fact, hardly and defendants ever do, with fewer than one percent of arrests eventually resulting in suppressed confessions.
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The Second Amendment vs. A Police State The United States of America has taken drastic steps in taking away the American peoples God given rights and Constitutional rights. The United States government is supposed to be a government of the people, by the people, for the people. There are very clear signs of a cancerous growth within our government and the citizens of America need to take ...
Even when they grant that virtually no confessed criminals go free because of Miranda, critics often claim that the rules have “handcuffed” law enforcement in less visible ways. Paul Cassell, a former prosecutor, marshals data which show that after the Miranda ruling, the confession rate fell by about six percentage points nationwide and as much as 20 points in some urban areas, while the rate at which violent crimes are solved dropped from 60 percent to around 45 percent. Cassell and other Miranda opponents also believe that Miranda opened the door to a lot of plea bargaining, and that there is a much higher rate of guilty pleas to reduced charges. Other Miranda supporters, however, are far less optimistic. Protections for suspects’ rights, they argue, are commonly seen as hurdles to get around. While Miranda rules ban any questioning after the suspect has invoked his rights, the courts give police great leeway in the tactics that can be used once the suspect waives them. The police are even free to lie about evidence to facilitate confessions. For example, in 1994, New York’s highest court upheld the conviction of Martin Tankleff, who, at the age of 17, confessed to murdering his adoptive parents after being interrogated for hours and being told that his dying father (who, in fact, was found dead) had named him as the killer.
I find it very difficult to believe that a person who confesses a crime can get away without any punishment for committing a serious crime because of a simple technicality error during the time of arrest. In going back to the Miranda case, where Miranda actually confessed to have raped and kidnapped an 18 – year old woman, and did not get any punishment for doing so. It is certainly not fare for the victim of such a serious crime, to know that the person who once caused harm and pain, has to be released because of technical aspects. I understand that it would be very difficult for such a victim to believe in the American constitution, and it’s main purpose to preserve the rights and liberties of the people of the United States.
In conclusion, the Miranda versus Arizona case made a significant difference in the police and court system in the United States. According to the commission on Civil Rights in 1961. ” Some policeman still resort to physical force to obtain confessions.” The Miranda versus the state of Arizona would detail the principles governing police interrogation, and protect the rights and the privileges of the people in the United States of America. The question that I believe that had to be asked is are the accused and arrested people in the United States enjoying too many rights and privileges? As shown in the Miranda case, a person may get away with no punishment, even if the accused confesses to the crime, if the police do not read that person his five rights and privileges that are supposed to ensure the due process of the law stated in Amendment number five in the
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Introduction This paper will consist of an overview of the Virtual Police Department, the history of that department and where it is today. I will analyse the different issues within the department and set a constructive path for the department so that it may benefit fully from all the resources that it has available. The Virtual Police Department is a medium sized department with 155 sworn ...
American constitution. The practicality of this amendment will be a lively discussed issue in future Supreme Court cases, and the Miranda case decision will continue to be questioned.
