Thursday, April 30, 2009

Miranda v. Arizona


Miranda v. Arizona was a landmark 5-4 decision of the U.S. Supreme Court, which was argued February 28–March 1, 1966 and decided June 13, 1966. At the end of the court rulings, the court "held that both inculpatory and exculpatory statements made in response to interrogation by a defendant in police custody will be admissible at trial only if the prosecution can show that the defendant was informed of the right to consult with an attorney before and during questioning and of the right against self-incrimination prior to questioning by police, and that the defendant not only understood these rights, but voluntarily waived them."

In March 1963, Ernesto Arturo Miranda was arrested for raping an 18 year old, and while under interrogation by the police he also confessed to robbery and attempted rape. Miranda was convicted of rape and kidnapping and sentenced to 20 to 30 years imprisonment on each charge, with sentences to run concurrently.

When this case was sent to the U.S. Supreme Court, Chief Justice Earl Warren ruled that "due to the coercive nature of the custodial interrogation by police, no confession could be admissible under the Fifth Amendment self-incrimination clause and Sixth Amendment right to an attorney unless a suspect had been made aware of his rights and the suspect had then waived them". Because of this, Miranda’s conviction was overturned.

Because of this case, the Miranda rights or warnings were made which is typically delivered as "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 present during questioning. If you cannot afford an attorney, one will be appointed for you. Do you understand these rights?"This ensured that a criminal suspect's Fifth Amendment was protected so there would be no self-incrimination.

-Zack

1 comment:

  1. Nice writing and i liked the pictures. Good work with the stating of the real miranda rights.

    ReplyDelete