Thursday, April 30, 2009

Miranda v. Arizona


The case of Miranda v. Arizona (1966) was very crucial to shaping the future of police investigation. It wasn’t until this case that police had to inform their suspect of their rights. In 1963, Ernesto Miranda was arrested at his home in Phoenix, Arizona. The charges of the arrest were kidnapping and rape. The police were questioning him non-stop for two hours until he finally confessed. During the trial, Miranda claimed his confession was invalid. The reason for this was because the police never informed him of his right to an attorney or his right to avoid self-incrimination. In the end, the Court ruled in favor of Miranda saying that police must inform criminal suspects of their legal rights at the time of arrest and may not interrogate suspects who invoke their rights.

Chief Justice Earl Warren said that he based his argument on the Fifth Amendment. For those who don’t know it, it guarantees that an accused person cannot be forced “to be a witness against himself” or herself. Warren said that because the police interrogations are “inherently intimidating,” it doesn’t allow the defendant’s statements to be the product of free choice.

There are many reasons why Miranda v. Arizona is important, but to Chief Justice Earl Warren, it allowed him to have a strong opinion about the case. As a result the case, police have detailed instructions of what to say during the arrest of a suspect. The reason of this is to prevent another case similar to Miranda v. Arizona.

The case wasn’t an easy decision for the rest of the world. Many critics claimed that this ruling would cause more crime due to the fact that it is harder to convict the suspects. Soon afterwards, police officers placed the rights of the suspect on a card, which became known as the Miranda warning. The Miranda warning is still used today and is often portrayed on television police, law, and criminal shows.

Brett

2 comments:

  1. I like the way you explained Miranda v. Arizona so clearly, is not an easy topic to write about.
    This case estabilished a very important right, that can save many innocent people from being jailed.

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  2. This is pretty informative. The pictures goes well with the posting

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