After hearing the case, The United States Supreme Court made their decision on June 13, 1966 in the case of Miranda v. Arizona which held that:
(1) Law enforcement officers may not use statements made by persons taken into custody or otherwise detained with out the use of proper "procedural safeguards" to protect ones fifth amendment rights (LexisNexis, Doc. 3). (2) In addition, it was said that the environment under which interrogations take place are "inherently intimidating" and that statements gathered while in custody are invalid unless proper measures are taken to dispel the intimidation factor that leads to the undermining of ones "privilege against self-incrimination" (LexisNexis, Doc. 3). (3) The court also holds that a person has "the right to remain silent unless he chooses to speak in the unfettered exercise of his own will" (LexisNexis, Doc. 3), and that after a person is taken into custody, before an interrogation can take place the person must be informed that "he(she) has the right to remain silent, and that anything he(she) says will be used against him(her) in court; he(she) must be clearly informed that he(she) has the right to consult with a lawyer and to have the lawyer with him(her) during interrogation, and that, if he is indigent, a lawyer will be appointed to represent him(her)" (LexisNexis, Doc. 3). The remaining information in the courts decision go into detail about the legality of interrogations with or with out a lawyer, and the rights of a person to speak and not speak at anytime during the interrogation (LexisNexis, Doc. 3).
In the case of Miranda v. Arizona, the fifth amendment was upheld by The United States Supreme Court which protects the rights one has against self- incrimination, and upheld the right to have proper representation while in custodial interrogation (which was also defined in the courts decision). The fourteenth amendment was also upheld in the courts decision; the court followed the due process clause for state proceedings outlined in the fourteenth amendment by allowing for the right against self- incrimination in the Miranda case and recognizing that Miranda had no lawyer representing him during the custodial interrogation, which is allowed for in the due process clause.
The Miranda v. Arizona case is one that I am fairly familiar with. I already knew the basic result of the courts decisions before I reviewed the case. I was not however , familiar with all the other specifications included in the Miranda decision. While the decision does allow for a guilty person to go free if the proper procedure are not followed, I believe that this was an important decision made by the court system. It is probably one of the most important decisions as far as informing people of their rights as well as assisting the accused with counsel to aid in their defense. If the decision had not been made to protect these fundamental rights, interrogations, investigations and arrests would be very different today.
1. "Miranda v. Arizona." Wikipedia: The Free Encyclopedia. 25 October 2006.
Date accessed: 26 October 2006. http://www.wikipedia.com>
2. "Miranda v. Arizona (3)." LexisNexis. 2006. Date accessed: 26
October 2006. http://www.LexisNexis.com>
Published by Kayla R.
I am a college graduate with a Bachelors of Science in Legal Studies/Pre-Law with an emphasis on legal procedure, prosecution, and civil rights. I've also studied extensively in the area of Asian culture an... View profile
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2 Comments
Post a CommentKimberly, not sure what you are ranting about here, but this is an informative article on the Miranda V. Arizona case. Let's stick to the topic here.
Very nice informative piece on the case, a great read for any student of law enforcement or otherwise. Personal rights and how they were put into place in an area of education that we should be more informed on.
It has been said that a alleged, accused suspect, can in FACT have his/her charges/case completly thrown out of court/ dismissed, If they are NOT read/told their miranda rights, of their right to have an attorney present, Anything they say without their attorney present can and will be used against them in a court of law and IF they CANNOT afford an attorney one will be appointed to them. Have I missed anything? I do believe in MY opinion that it is so very BIZARRE that the person had the last name of MIRANDA??? Or am I mis-understanding the article?. 1963 was the year I was born WOW! I guess The sickness in people (Which I will NEVER understand The sick, violent, violation of RAPE)I have studied human behavior for 23 years, And I am amazed!, Shocked! STILL, Even after all that I have seen and studied at Human Beings behaviors. I even had my best friend of 8 years conspire with a small scuzzy biker group to have myself and my little brother MURDERED!, because she HATED my brother, b