Miranda Decision
This infamous Supreme Court case of 1966 deals with the rights of the accused, mainly with the Fifth Amendment right to not incriminate one's self. Ernest Miranda, a Mexican-American in his mid twenties at the time, was living in Phoenix working for a produce company when he was accused of raping and kidnapping an eighteen year old woman. At the time, rape was one of the most popular crimes in Phoenix, and because the woman's description of her attacker fit Miranda's profile, he was arrested by Arizona police in his home and immediately taken to a local police station. Once there, Miranda was taken to an interrogation room, where he was questioned about the crimes. At first, Miranda pleaded his innocence, but after two hours of questioning, the police emerged from the room with a written and signed confession. At his trial, the written confession was admitted into evidence and Miranda was found guilty of the crime. The United States Supreme Court was then faced with Miranda's claim that the confession was self-incriminating and violated his Constitutional rights. The police admitted that at no time, either before or after
questioning whenever they wish to do so is met. The police can also act upon volunteered statements, even if the volunteer has been taken into custody and has no knowledge of their rights. Therefore, it can be assumed that custody alone does not require the reading of the Miranda warnings. The ruling permits the police to give the warnings and obtain waivers without the use of an impartial witness or a tape recording of the events. the questioning had Miranda been informed of his right to consult an attorney before answering any questions, or his right to have an attorney present during the interrogation. The Supreme Court's job was to determine whether or not Miranda's Constitutional rights were breached. The Court ruled in favor of Miranda, 5 to 4, and stated that the questions answered during the interrogation must have been answered with the defendant's knowledge of his rights. This meant that a testimony was only legitimate if proper procedure was followed. There are also some secondary effects of the Miranda case on police proceedings. Law does not require that a person taken into custody first consult with a
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Approximate Word count = 764
Approximate Pages = 3 (250 words per page double spaced)
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