StudentShare
Contact Us
Sign In / Sign Up for FREE
Search
Go to advanced search...
Free

Miranda v. Arizona - Thesis Example

Cite this document
Summary
Miranda vs. Arizona In 1963, Ernesto Arturo Miranda was arrested in connection with the kidnapping and rape of an eighteen-year-old woman. After being questioned relentlessly by police officers, though with no counsel present, Miranda signed a voluntary confession form stating that he was guilty…
Download full paper File format: .doc, available for editing
GRAB THE BEST PAPER97.9% of users find it useful
Miranda v. Arizona
Read Text Preview

Extract of sample "Miranda v. Arizona"

Miranda vs. Arizona In 1963, Ernesto Arturo Miranda was arrested in connection with the kidnapping and rape of an eighteen-year-old woman. After being questioned relentlessly by police officers, though with no counsel present, Miranda signed a voluntary confession form stating that he was guilty. While at trial, his lawyer pointed out that Miranda had not been read his rights; therefore, the confession was not signed voluntarily and should not be used as evidence. The attorney’s objection was overruled and Miranda was imprisoned for his crimes.

In 1966, Miranda appealed to the Supreme Court, who ruled in his favor, claiming that Miranda’s confession could not be used as the police had failed to inform Miranda of his right to an attorney. Though Miranda had not been read his rights, it is believed that his conviction should have remained against him. The enforcement of the reading of a person’s rights was not done until after the case against Miranda. Miranda may have been denied his rights at the time, but this allowed it to be made known that police officers were clearly not doing their job.

It brought to light that there needed to be enforcement when reading the rights to criminals to avoid similar situations in the future. As such, Miranda’s case should have been upheld, given the fact that there had been circumstantial evidence and his confession, albeit obtained inappropriately, to still convict him (Allen, 2007). The rights are important to the criminal, but there is still the fact that there was enough evidence present to continue the case. Furthermore, Miranda had already admitted his guilt to the crimes that he was being convicted of.

If his rights had been read to him when they should have been, and Miranda had exercised his right to an attorney before confessing anything to the police, the case would have gone on in a normal fashion. This suggests that, due to the amount of evidence against Miranda, including several eyewitnesses, the defendant would still have been found guilty of his crimes. There was enough to convict Miranda that a breach in the reading of his rights should not have played a role in the trial and sentencing (Rogers, 2008).

If the case had been retried, and Miranda was told and understood his rights, the new case would have turned out the same result. It was because of this simple mistake that a dangerous criminal was allowed to roam freely on the streets, despite the fact that there was enough evidence, as well as his own botched confession, to have Miranda imprisoned. Finally, the court system should have ensured that the rights of the convicted were being upheld before proceeding to trial (Shuman & Blackwood, 2010).

It should not have been up to Miranda to acknowledge that his rights were being withheld from him. As the case showed, it was his attorney that pointed out that his rights had not been read to him, which had been done during the trial. Had this been determined before the trial, the proper steps could have been taken to make sure that Miranda was aware of what he was doing. He could have fought to withdraw his confession while using the argument that his rights had not been read to him prior to him signing the form, and then proceed as normal with the trial.

It is the duty of police officers everywhere to make sure that criminals understand the rights that they have as criminals. However, it is also the duty of civilians and would-be criminals to acknowledge the consequences of their actions. Though the police officers should have done their job in informing Miranda of his rights, Miranda should have also understood that punishment awaits criminals. The Supreme Court should have not ruled in favor of Miranda, but should have used the case to show that justice prevails regardless of who is making the mistake, the criminal or the police officer.

References Allen, R. (2007). The misguided defenses of Miranda vs. Arizona. Ohio State Journal of Criminal Law, 5(205), 205-214. Ronald Allen conducted extensive research to understand the basis for the ruling in the favor of Miranda after his primary conviction had not been overturned. He concluded that Miranda's case had been a prime example of the carelessness of police officers, but should not have altered the turn-out of the case itself. Rogers, R. (2008). A little knowledge is a dangerous thing.

American Psychologist, 63(8), 776-787. Richard Rogers focused on how many people waive their rights before being fully informed of them because they are aware of the basics through media. Through extensive research, Rogers discovered that many cases were attempted to be overturned due to this lack of understanding of the rights, but the motions were denied because there was enough evidence in the case to convict. In conclusion, Rogers feels that Miranda should have also been convicted under similar circumstances.

Shuman, D., & Blackwood, H. (2010). Everyone knows their Miranda rights: Implicit assumptions and countervailing evidence. Psychology, Public Policy, and Law, 16(2), 300-318. Shuman and Blackwood posed a study to reveal how misleading media representation is of Miranda Rights. Using two groups of criminals (one group being recently convicted and the other group not as recent), Shuman and Blackwood showed that very few criminals enter trial with a full understanding of their rights, thus needing to be read them prior to the trial.

This has caused for many retrials, prompting Shuman and Blackwood to believe that the court needs to be the one to guarantee that criminals understand their rights before proceeding to trial.

Read More
Cite this document
  • APA
  • MLA
  • CHICAGO
(“Miranda v. Arizona Thesis Example | Topics and Well Written Essays - 500 words”, n.d.)
Retrieved from https://studentshare.org/other/1414447-miranda-v-arizona
(Miranda V. Arizona Thesis Example | Topics and Well Written Essays - 500 Words)
https://studentshare.org/other/1414447-miranda-v-arizona.
“Miranda V. Arizona Thesis Example | Topics and Well Written Essays - 500 Words”, n.d. https://studentshare.org/other/1414447-miranda-v-arizona.
  • Cited: 0 times

CHECK THESE SAMPLES OF Miranda v. Arizona

Miranda v. Arizona 384 U.S. 436 (1966)

miranda v.... His counsel appealed the case with the Arizona Supreme Court who agreed with a vote of 5-4 that the statements the police acquired from Miranda were not admissible in court because they failed to advise him of his rights as a police detainee (“miranda v.... arizona In 1963, Ernesto Miranda was arrested and charged with rape, kidnapping and robbery.... arizona (1966)”, n.... He confessed to all the crimes he was accused of within a grueling 2 hour interrogation process that was undertaken without any counsel present to advise miranda of his rights....
4 Pages (1000 words) Case Study

Key Landmark Decisions of the Supreme Court

537 (1896) and miranda v.... Ferguson) and also in securing the rights of the accused person in protecting his or her innocence (miranda v.... In the miranda v.... In the miranda v.... hellip; arizona, 384 U.... arizona).... The arizona Supreme Court held that an accused person's confession was not to be admitted in court if it was found that he or she was not informed of their right to counsel or having themselves protected against self-incrimination....
9 Pages (2250 words) Assignment

A landmark case: Miranda v. Arizona

In the paper “A landmark case: miranda v.... arizona” the author analyzes a landmark case, in the context of a suspected person's rights during custodial interrogations by the police.... … The facts of the case were that the plaintiff, Ernest miranda, was suspected of rape and robbery.... miranda was unsure, as to whether he could refuse to accompany them.... The victim did not specifically identify miranda as her molester....
14 Pages (3500 words) Essay

Roe v. Wade or Miranda v. Arizona

These questions were answered in the ‘miranda v.... miranda, on March 13, 1963, admitted to three crimes.... miranda's confession statement which was duly signed by him contained a paragraph at the top that it was a voluntary… on, made without any assurance of protection or threats and “with complete familiarity of his legal privileges, including any declaration which he made might be employed against him.... Later, miranda's admission was allowed into testimony at the trial, and he was sentenced (Cross & Miller, 165)....
4 Pages (1000 words) Essay

Miranda v Arizona: The erosion of the decision by the US Supreme Court throught the years

arizona case.... arizona revolved around the issue of defendants' rights during the period in police custody, and specifically during interrogation.... Back in 1963, a young man named Miranda Ernesto was arrested by arizona police for alleged kidnapping and rape of a certain female teenager.... As a response to the sentence, arizona state attorney appealed against the court's decision on grounds that Miranda was not accorded an attorney, and that the circumstantial confessions were self incriminating....
5 Pages (1250 words) Research Paper

Miranda v. Arizona (1966) and Dickeson v. U.S. (2000)

A case study of the miranda v.... miranda v.... arizona case in 1966 and Dickerson v.... The Martin Quinn scores indicate that the Supreme Court's decision on Miranda Vs arizona was a liberal judgment as it is marked with a negative.... This ruling from the Supreme Court of arizona has therefore set precedence for other cases.... arizona: An Individuals Rights When Under Arrest.... Quoting the miranda's conviction which was overturned, the court made it clear about what should happen if the suspect chooses to exercise or practice their rights....
2 Pages (500 words) Term Paper

Crime Control And Safe Street Act Of 1968

Miranda after being arrested and held custody by police officers for allegedly raping a girl, the police were able to obtain a confession as to the robbery and attempted rape by interrogation (miranda v.... Aside from this, Miranda was made to sign a written confession stating therein that it was made voluntarily, without coercion and that he was fully aware of his legal rights (miranda v.... However, he was not advised by the said police officers that he had the right to a counsel (miranda v....
7 Pages (1750 words) Research Paper

Miranda v. Arizona 1966

(miranda v.... (miranda v.... arizona (1966)).... arizona (1966)).... The author of the paper examines the case where an undercover officer is not required to read out the miranda Warning because it may jeopardize his own safety if he reveals that he is linked to the law or that he is an officer.... So the rule of the miranda Warning is not absolute… For the miranda Warning to apply, six factors must be kept in consideration....
6 Pages (1500 words) Term Paper
sponsored ads
We use cookies to create the best experience for you. Keep on browsing if you are OK with that, or find out how to manage cookies.
Contact Us