Preview

How Has Miranda V. Arizona Changed the Arrest and Interrogation Process.

Better Essays
Open Document
Open Document
1197 Words
Grammar
Grammar
Plagiarism
Plagiarism
Writing
Writing
Score
Score
How Has Miranda V. Arizona Changed the Arrest and Interrogation Process.
How has Miranda v. Arizona changed the arrest and interrogation process.

The Supreme Court of the United States of America often makes decisions, which change this great nation in a great way. These changes can affect society in many different ways. In many instances there is dissonance over their decisions and the court itself is often split as to how the views are looked upon. The effect of the Courts decision generates discourse and on occasion, violence. This is what happened in the case of Miranda v. Arizona in 1966. This case changed the history of this country and left a tremendous impact, which many challenge, the ruling and still protest today.
The Miranda Warning is intended to protect the guilty as well as the innocent and should be protected at all costs. Without the law, many suspects may be treated unfairly. It is a necessary safeguard. Its intentions were to give suspects an informed choice between their freedom of speech, their right not to speak, but be silent, and the prevent statements being given in a non-voluntary nature. Since the law was imposed police policies and procedures were promoted and enforced that effectively imposed safeguards throughout law enforcement agencies. However, with any law there is also discourse. In this essay I plan to give a brief summary of Miranda and discuss the advantages and disadvantages that Miranda provides for suspects and law enforcement officials.
The Supreme Court decision of 1966 of Miranda dictated a specific practice and conduct that law enforcement had to comply with when dealing with criminal suspects. It established that law enforcement was demanded to advise arrested persons or suspects of criminal acts that they have the right to remain silent, that anything they say may be used against them, and they have the right to an attorney. If they were not informed of these rights then a violation had occurred under the 5th Amendment regarding self-incrimination.
When questioning initially

You May Also Find These Documents Helpful

  • Good Essays

    Improvements to the Miranda warning could be made through clarifying the statement itself, so that the ideas and concepts addressed would be easier to grasp for the general population. For example, a person’s right to silence…

    • 256 Words
    • 2 Pages
    Good Essays
  • Satisfactory Essays

    miranda v. arizona

    • 367 Words
    • 2 Pages

    Supreme Court Decision: The Supreme Court ruled 5-4 in favor of Miranda and it also enforced the Miranda warning to be given to a person being interrogated while in the custody of the police.…

    • 367 Words
    • 2 Pages
    Satisfactory Essays
  • Good Essays

    Miranda vs. Arizona

    • 582 Words
    • 3 Pages

    The Supreme Court, in a 5-4 decision written by Chief Justice Earl Warren, ruled that the prosecution could not introduce Miranda's confession as evidence in a criminal trial because the police had failed to first inform Miranda of his right to an attorney and against self-incrimination. The police duty to give these warnings is compelled by the Constitution's Fifth Amendment, which gives a criminal suspect the right to refuse "to be a witness against himself," and Sixth Amendment, which guarantees criminal defendants the right to an attorney.…

    • 582 Words
    • 3 Pages
    Good Essays
  • Good Essays

    Miranda vs. Arizona

    • 454 Words
    • 2 Pages

    Creation of the Miranda rights has changed the relationship between citizen state and police suspects. Citizens now have the right to be informed and assurance that they will be protected by institutional power. Suspects can now anybody that they had nothing to with it. The Miranda warnings are rights that are not protected by the Constitution. They are simply a precaution to guarantee protection against self –incrimination. Without the Miranda rights, the treatment of criminals would not be fair.…

    • 454 Words
    • 2 Pages
    Good Essays
  • Better Essays

    You have the right to remain silent, anything you say can and will be used against you in the court of law. You have the right to an attorney, if you cannot afford an attorney one will be provided for you. These famous words came from Miranda vs. Arizona, a Supreme Court case that took place March 13, 1963 when Ernesto Miranda was arrested by the Phoenix Police Department, who failed to advise him of his rights to an attorney and his rights to remain silent. This case has given alleged offenders a chance to have their voice be heard and gives them an opportunity to have a fair trial.…

    • 906 Words
    • 4 Pages
    Better Essays
  • Better Essays

    Criminal Interrogation is crucial in any investigation. Police have a great responsibility in telling the suspects their rights, using the proper tactics and even machines to get a confession. Everything police use is to get to the truth. The Miranda Rights are read to any person under arrested.…

    • 1028 Words
    • 5 Pages
    Better Essays
  • Powerful Essays

    Miranda V. Arizona

    • 897 Words
    • 4 Pages

    The majority does not perform the greatest ability to protect all members of a society. In the case of Miranda v Arizona, the courts had to decide whether or not a man was deprived of his freedoms while in police custody. Basically Miranda v Arizona completely changed the way police apprehend and interrogate suspects. However it was not only Miranda, but many other instances where the majority has not protected all minorities. Vignera v New York was another similar instance where a suspect was forced to sign statements and an inculpatory statement, while being questioned by police, without knowing he was entitled to legal representation. In California v Stewart, local police held and interrogated the defendant for 5 days,…

    • 897 Words
    • 4 Pages
    Powerful Essays
  • Good Essays

    In this essay I will be discussing the Miranda decision, when Miranda should and should not be read, provide scenarios of both, and discuss my opinion on whether Miranda warnings are still a valid concept in modern society and policing.…

    • 316 Words
    • 2 Pages
    Good Essays
  • Good Essays

    Criminal law by nature is interesting to most people. However, there are many citizens that misinterpret what their rights are in a court of law. For instance, the Fifth amendment is a person’s right to not self-incriminate. Defendants typically do not address the court directly. They do so through they attorney. Attorneys are “responsible for advising their clients of their right to testify, whether or not it is wise to do so, as ell as the strategic implications of that decision” (Stock, 2015, p. 712). Just because a defendant does not testify on their own behalf, should not presume guilt. The sixth amendment stipulates that a defendant has the right to an attorney and to a jury trial. This is the premise where miranda rights come into play.…

    • 639 Words
    • 3 Pages
    Good Essays
  • Satisfactory Essays

    Miranda Decision Case

    • 275 Words
    • 2 Pages

    The Miranda decision emerges from a case back in 1966 which deals with the rights of the accused, mainly with the Fifth Amendment right to not incriminate one’s self(Leo,1996).In this case Ernest Miranda,, a Mexican-American, was facing the state of Arizona for raping and kidnapping an eighteen year old woman.The case led to the Miranda warning which requires the officer to notify a suspect of his rights,i.e. you have the right to remain silent,and the right to speak to an attorney(Leo,1996). That the questions answered by Miranda during his interrogation must have been answered with the defendant’s knowledge of his rights.This made a big impact in the police force, that a testimony is only legitimate if the proper steps are carried out(Leo,1996).…

    • 275 Words
    • 2 Pages
    Satisfactory Essays
  • Good Essays

    Miranda also protects suspects from overzealous police officers. Although most law-enforcement agents in the United States are decent men and women, some abuse their power. They may try to coerce suspects into giving false confessions. Time and time again, we read of cases where suspects were forced to make confessions because an overzealous or prejudiced police officers want to close a case. The story of Rubin Hurricane Carter, made popular by the motion picture of the same name, demonstrated how lives could be destroyed when vindictive and manipulating detectives abuse their power. The Miranda Warning helps keep abuses in check. If the law is used correctly, the guilty would receive their due punishment. When police officers inform suspects of their rights before interrogation, it is very unlikely that the judge presiding over any case would throw out statements made during questioning.…

    • 568 Words
    • 3 Pages
    Good Essays
  • Good Essays

    The laws are commonly heard in movie scenes consisting of suspected criminals being taken to questioning (“Miranda v Arizona 1966.” 328). For most police officers, reciting the miranda rights are a part of their everyday life. Miranda’s killer was never arrested because he remained silent after he was told he was allowed to do so, and there wasn't enough evidence gathered to use against him in the court of law. When people are given the right to remain silent, some will do so.…

    • 1040 Words
    • 5 Pages
    Good Essays
  • Good Essays

    I have heard the police repeat the Miranda right time and again in television movies involving police and crime suspect. Prior to my MS in forensic psychology program in Walden University, I had not the slightest idea that the words embedded in Miranda rights are actually legal right, I thought they were mere lines used in movie acting and I never envisaged its importance; even Police in Nigerian movies recites this right to crime suspects even though the Nigerian constitution is silence about such right. Historically, Miranda right was a landmark decision of the United States Supreme Court which passed 5-4 in 1966 in the lawsuit Miranda v. Arizona, 384 U. S. 436. Miranda rights gives suspects the right to remain silent when arrested, the knowledge that any statement made can be used against them in a Court of law and an understanding they have the right to an attorney and they reserve the right to waive this right and succumb to interrogation by the police.…

    • 958 Words
    • 4 Pages
    Good Essays
  • Good Essays

    Miranda Rights Essay

    • 726 Words
    • 3 Pages

    Furthermore, when it comes to investigators interrogating juveniles, the Supreme Court does not require any special procedural safeguards when they interrogate juveniles or when they use the adult standard to gauge the validity of juveniles’ waivers of Miranda rights (Critics lament that Miranda waiver doctrine is broken, n.d.). When it comes to the difference in rights, the police and judges have developed extensive protocols to ensure that statements are reliable, but there are no similar safeguards for juvenile suspects. Instead, to take advantage of psychological reality, interrogation training instructs officers to treat children no differently than they do adults, except when employing strategies for manipulating children’s special sensitivities. Consequently it leads to the youth making incriminating statements, or false confessions. Yet for statements made during custodial interrogations to be admissible, the rule of Miranda requires suspects to waive their rights before questioning and after adequate warnings (Critics lament that Miranda waiver doctrine is broken,…

    • 726 Words
    • 3 Pages
    Good Essays
  • Good Essays

    Miranda V. Arizona

    • 678 Words
    • 3 Pages

    Facts: In March 1963 Ernesto Miranda, 23, was arrested in his home, taken to the police station for being accused in a sexual assult case. Once identified by the victim he was taken into an interrogation room where he was to give his confession but Miranda was not told of his rights to counsel prior to questioning. He did though, sign a typed disclaimer that stated he had “full knowledge of my legal rights, understanding any statement I make may be used against me,” and that he had knowingly waived those rights.…

    • 678 Words
    • 3 Pages
    Good Essays