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Miranda v. Arizona

"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 can't afford one, one will be provided for you at no cost." These are the Miranda Warnings; nearly everyone has heard this statement in some form or another. I wonder, though, how many people know why that phrase is said? How many people know what it means, I mean what it really means? I think that people often look at this statement as a way that criminals get away with crimes. You can see this on t.v. all the time, criminals get away with crimes because the police did not read them their rights. Does this happen in real life like it does on t.v. ? Do people really walk free after confessing of a crime simply because the police didn't tell them that they could be silent?

Well these are some of the issues that I will be discussing in this paper. I will be looking into the history of the Miranda Warnings. I will be looking at where they came from and why they came about. I will be looking at the impact the Miranda Warnings have on the U.S. in toady's society.

What exactly are the Miranda Warnings and what is there purpose? The Miranda Warnings are a set of rig


In 1965 Ernesto Miranda was charged with the kidnapping and rape of a young woman. Ten day after the rape took place he was arrested in his home and taken to the police station where he was questioned by two officers for about a half an hour. Although no threats of force or promise of immunity were made, the petitioner was not told of his rights to remain silent or to have counsel. (Escobedo to Miranda, Pg. 31) Miranda confessed to the crime and even confessed in writing. Prior to his trial, Miranda underwent a psychological exam that said, while not insane, Miranda was mentally abnormal and had the education of and eighth grader. Miranda was twenty-three at the time. The jury convicted Miranda and he was sentenced to twenty years in prison. The case was appealed to the Supreme Court of Arizona where the conviction was upheld. The case was then appealed to the United States Supreme Court where this nations most famous court decisions was handed down in 1966.

>From Escobedo to Miranda: the anatomy of the Supreme Court Decision, Richard Medalie, Lerner Law Books Co, 1966

Lexis-Nexis Academic Universe, Miranda v. Arizona, Http://web.lexs-nexis.com

In its day the Miranda v. Arizona case was a landmark. I think that time has proven it to be not as grand a people may have thought. Miranda most likely does prevent blatant coercion of suspects to confess to a crime. As for it wide spread effects on the legal system I think they are minimal.

to be used. If the police take a person into custody and do not give him his Miranda warnings, but the person begins offering information on his own that information can be used against that person. Miranda only covers custodial interrogation of a suspect.



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Approximate Word count = 1537
Approximate Pages = 6 (250 words per page double spaced)


  

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