Miranda v. Arizona Essay Example | Topics and Well Written Essays - 1750 words

Miranda v. Arizona - try out ExampleThe Arizona Supreme Court convicted and sentenced Miranda to 20-30 years imprisonment, based from his written apology. Later, the U.S. Supreme Court repealed the belief and ordered the suppression of Mirandas signed rape confession (Mason & Stephenson, 2007). The Court ruled that the prosecution may not use statements, whether exculpatory or inculpatory, stemming from custodial interrogation of the defendant unless it demonstrates the use of procedural safeguards efficient to secure the Fifth Amendment privilege against self-incrimination (Warren, 1966) and the Sixth Amendment estimable to a legal counsel (Mason & Stephenson, 2007). This rule is what is instantly famously known as the Miranda Warning. This paper will discuss the Miranda v. Arizona Case show how it violate the Fifth and Sixth Amendments of the Constitution and tackle how the 1966 U.S. Supreme Courts Miranda decision transformed the American judicial system. Critical analysis by this author will likewise be given. Miranda versus Arizona In 1963, Ernesto Miranda, a young, destitute and uneducated migrant from Mexico, was arrested by the Arizona Police for crimes of kidnapping and rape. ... The written confession was used in the trial. He was convicted of kidnapping and rape crimes and sentenced to 20-30 years imprisonment for each crime by the Arizona Supreme Court (Baker, 1985). Mirandas legal defense appealed to the Arizona Supreme Court and revealed probable doubt regarding the elements of the said committed crime the rape victim was unable to show evidence of guard to Miranda during the said sexual assault it was questionable if Miranda had fully understood his legal rights and had indeed voluntarily waived them. His lawyer disputed that the written confession should not have been allowed in the trial since he was not afforded subdue protection to his rights as mandated by the U.S Constitution and the U.S. court laws (Gribben, 2011). Two years aft er, the U. S. Supreme Court upturned the conviction and ordered the inadmissibility of the signed confession. The Court ruled that the defendant should be fully knowledgeable of his right to assistance of a legal counsel before or during the interrogation aw are of his right to preserve silent and reminded that any admitted statement may be used against him. The Court explained that police interrogation procedures are intimidating and could forcefully compel the individual to self-incrimination, especially without a defense lawyer present during the interrogation (Hendrie, 1997). Violation of the Fifth and Sixth Amendments of the Constitution The Fifth Amendment (right to self-incrimination) and the Sixth Amendment (right to the assistance of a defense counsel) are the legal privileges guaranteed to all individuals by the U.S. Constitution. Any confession made by an individual is inadmissible in court if it