Miranda vs Arizona Establishes The Miranda Rights

Miranda vs Arizona Establishes The Miranda Rights

By: Shyanne Huff

Summary of the Event

The decision of Miranda v. Arizona in 1966 led to something very important that is still used today Miranda v. Arizona took place in Arizona when a man named Ernesto Miranda was arrested after being accused of raping a female in 1963. When Ernesto Miranda was given a piece of paper that asked for his formal confession. Miranda refused to sign the paper. He eventually confessed to the crime and was sent to trial. He was found guilty, but his lawyers argued that the arresting officers didn't make aware of his rights.

TV Shows & Movies

Causes of the Event

Why the Event is Important to the Decade

Effects of the Event

-Law and Order

-Criminal Minds

-21 Jump Street

If the Police Do Not Inform You

-Ernesto Miranda himself was the direct cause of the Miranda rights being established

- He was then questioned by two police officers for two hours, which resulted in a confession

-In trial, Miranda was found guilty of kidnapping and rape and was sentenced to 20-30 years in prison

-At trial, no evidence was presented that Miranda had ever been told that he did not have to talk to police or that he had the right to a lawyer

-Today, an officer must inform you with information upon you being arrested

-This allows people to contact an attorney before being questioned

-This act puts emphasis on the fifth and sixth amendment

-Fifth Amendment: "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....."

-Sixth Amendment: "In all criminal prosecutions, the accused shall enjoy the right to a speedy and public trial, by an impartial jury of the State and district wherein the crime shall have been committed....."

-Miranda Rights protect suspects from self incrimination (an accusation that you are responsible for something you didn't do)

-It reminds suspects that they are able to get an attorney

-It ensures they do not have to confess a crime they did not commit

-Help to protect a persons rights as they are stated in the Constitution

The Case Itself

If you are arrested and the officer did not read you the Miranda Warning, your attorney will use this in attempt to get your charges dismissed. However, if there is a lot of evidence that you committed a crime, there is a good possibility that your conviction will stand.

The Miranda Rights & Today

-The Supreme Court voted 4 to 5 in favor of Miranda

-This meant that it is now required for a suspect to know their rights before being questioned

-Everyone can get a lawyer

Miranda Rights

Origins

What exactly are the Miranda Rights?

About Ernesto Miranda

-“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. If you cannot afford an attorney, one will be provided for you. Do you understand the rights I have just read to you? With these rights in mind, do you wish to speak to me?”

-Rapist/kidnapper

-Lived in Mesa

-Arrested in Phoenix

-Got into a lot of trouble in grade school

-His mother died when he was 6

-He was released from prison for the last time in 1975

-Miranda was stabbed once in the chest and once in the abdomen, and he died on the way to the hospital when he was 34

Under a 2010 Supreme Court ruling, when a person has been cited Miranda rights, law-enforcement officials may attempt to resume questioning without a lawyer present 14 days after that person has been released from custody.