Case Brief Of Miranda VS. Arizona

Info: Read more: Miranda v. Arizona (1966) http://www.infoplease.com/us/supreme-court/cases/ar23.html#ixzz3UQXhGoYi

Case Brief Of Miranda VS. Arizona

The End

Almost there

Holding

Facts: The defendant said evidence that incriminated him in an interrogation without being told his rights; specifically the 5th amendment which is listed under the constitution.

Issues: should the government tell their perps the constitutional rights against self-incrimination before being interrogated?

Arguments: Miranda; rape and kidnaping confession without read rights. Arizona; willing confession, no wrong doing, no need to “cripple” the police.

Rationale: Warren then spelled out the rights of the accused and the responsibilities of the police. Police must warn a suspect “prior to any questioning that he has the right to remain silent, that anything he says can be used against him in a court of law, that he has the right to the presence of an attorney, and that if he cannot afford an attorney one will be appointed for him prior to any questioning if he so desires.” The creation of the Miranda Warning put on the shoulders of the police the burden of informing citizens subject to questioning in a criminal investigation of their rights to “due process.” Ernesto Miranda, retracting his confession, was tried again by the State of Arizona, found guilty, and sent to prison.

Holding: The government needs to notify arrested individuals of their Fifth Amendment constitutional rights, specifically: their right to remain silent; an explanation that anything they say could be used against them in court; their right to counsel; and their right to have counsel appointed to represent them if necessary. Without this notification, anything admitted by an arrestee in an interrogation will not be admissible in court.

The government needs to notify arrested individuals of their Fifth Amendment constitutional rights, specifically: their right to remain silent; an explanation that anything they say could be used against them in court; their right to counsel; and their right to have counsel appointed to represent them if necessary. Without this notification, anything admitted by an arrestee in an interrogation will not be admissible in court.

"Miranda" Rights

Getting somewhere

Rationale

Just starting

Issues

By a 5-4 margin, the Court voted to overturn Miranda's conviction. Writing for the majority, Chief Justice Warren declared that the burden is upon the State to demonstrate that “procedural safeguards effective to secure the privilege against self-incrimination” are followed. “The current practice of 'incommunicado' [unable to communicate with the world] interrogation is at odds with one of our Nation's most cherished principles—that the individual may not be compelled to incriminate himself.”

Warren then summarized the case, measuring it against the “fundamental fairness” standards the Court had established. “[I]t is clear,” he wrote, “that Miranda was not in any way apprised of his right to consult with an attorney and to have one present during the interrogation, nor was his right not to be compelled to incriminate himself effectively protected in any other manner. Without these warnings [his] statements were inadmissible. The mere fact that he signed a statement which contained a typed-in clause stating that he had 'full knowledge' of his 'legal rights' does not approach the knowing and intelligent waiver required to relinquish constitutional rights.”

Turning to the standard for a valid waiver of rights, Warren wrote: “[A] valid waiver will not be presumed simply from the silence of the accused after warnings are given or simply from the fact that a confession was in fact eventually obtained…. Moreover, any evidence that the accused was threatened, tricked or cajoled into a waiver will, of course, show that the defendant did not voluntarily waive his privilege.”

Warren then spelled out the rights of the accused and the responsibilities of the police. Police must warn a suspect “prior to any questioning that he has the right to remain silent, that anything he says can be used against him in a court of law, that he has the right to the presence of an attorney, and that if he cannot afford an attorney one will be appointed for him prior to any questioning if he so desires.”

The creation of the Miranda Warning put on the shoulders of the police the burden of informing citizens subject to questioning in a criminal investigation of their rights to “due process.” Ernesto Miranda, retracting his confession, was tried again by the State of Arizona, found guilty, and sent to prison. His retrial, based on a prisoner's successful appeal, did not constitute “double jeopardy.”

Whether the government is required to notify the arrested defendants of their Fifth Amendment constitutional rights against self-incrimination before they interrogate the defendants?

Arguments

In The Beginning

Facts

For Miranda: The police clearly violated Miranda's 5th Amendment right to remain silent, and his 6th Amendment right to legal counsel. Arizona ignored both the Escobedo rule (evidence obtained from an illegally obtained confession is inadmissible in court) and the Gideon rule (all felony defendants have the right to an attorney) in prosecuting Miranda. His confession was illegally obtained and should be thrown out. His conviction was faulty, and he deserved a new trial.

For Arizona: Ernesto Miranda was no stranger to police procedures. He negotiated with police officers with intelligence and understanding. He signed the confession willingly. The prosecution was proper, his conviction was based on Arizona law, and his imprisonment was just. The Supreme Court should uphold his conviction and should not further cripple the work of police

The Supreme Court of the United States (”Supreme Court”) consolidated four separate cases with issues regarding the admissibility of evidence obtained during police interrogations.

The first Defendant, Ernesto Miranda (”Mr. Miranda”), was arrested for kidnapping and rape. Mr. Miranda was an immigrant, and although the officers did not notify Mr. Miranda of his rights, he signed a confession after two hours of investigation. The signed statement included a statement that Mr. Miranda was aware of his rights.

The second Defendant, Michael Vignera (”Mr. Vignera”), was arrested for robbery. Mr. Vignera orally admitted to the robbery to the first officer after the arrest, and he was held in detention for eight hours before he made an admission to an assistant district attorney. There was no evidence that he was notified of his Fifth Amendment constitutional rights.

The third Defendant, Carl Calvin Westover (”Mr. Westover”), was arrested for two robberies. Mr. Westover was questioned over fourteen hours by local police, and then was handed to Federal Bureau of Investigation (”FBI”) agents, who were able to get signed confessions from Mr. Westover. The authorities did not notify Mr. Westover of his Fifth Amendment constitutional rights.

The fourth Defendant, Roy Allen Stewart (”Mr. Stewart”), was arrested, along with members of his family (although there was no evidence of any wrongdoing by his family) for a series of purse snatches. There was no evidence that Mr. Stewart was notified of his rights. After nine interrogations, Mr. Stewart admitted to the crimes.

For Fun, hope you like!

Ernesto Miranda