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Miranda Rights

On February 28 and March 1, 1966, the case of Miranda v. Arizona was argued in the Supreme Court, and was decided on June 13, 1966. The issue in question was “Does the police practice of interrogating individuals without notifying them of their right to counsel and their protection against self-incrimination violate the Fifth Amendment?” Early in 1963, an 18- year old woman was kidnapped and raped in Phoenix, Arizona. The police investigated the case, and soon found and arrested a poor, and mentally disturbed man. The name of this man was Ernesto Miranda, a name that would become well known in American constitutional studies. Miranda was 23 years old when he was arrested. He confessed that he had kidnapped and raped the young woman after only two hours of questioning. By confessing to the crime, Miranda was convicted for kidnapping and rape. 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

. . .
Arizona was brought to the US Supreme Court because of the fact that the outcome would have an affect on the whole system of arrest. Convicted of murder, he appealed to the State Supreme Court, which affirmed the conviction. In addition, they decided that the police have to make certain points clear for the accused before questioning and suspect. Miranda’s attorneys in court argued that even though Miranda had admitted to the kidnapping and rape in the integration room that this information could not be used in court. After the trail the Fifth Amendment rights were given the nickname commonly used “the Miranda Rights”

Miranda v. Held: Under the circumstances of this case, where a police investigation is no longer a general inquiry into an unsolved crime but has begun to focus on a particular suspect in police custody who has been refused an opportunity to consult with his counsel and who has not been warned of his constitutional right to keep silent, the accused has been denied the assistance of counsel in violation of the Sixth and Fourteenth Amendments; and no statement extracted by the police during the interrogation may be used against him at a trial. America today might be different if the ruling was opposite, in the way that some innocent people might be tricked by police integration tricks and say the wrong thing to get themselves convicted. Note that if any of the five points listed in amendment number five are violated, the accused cannot be sentenced. With the poverty in America high the Miranda rights give poor people an attorney if they are unable to get afford for themselves . These rights have to be described for the accused person in time of arrest.

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