Miranda Vs Arizona Court Case Study

Document Type:Proposal

Subject Area:Management

Document 1

During the custodial police cross examination, Miranda was not made proficient of his Fifth and Sixth Amendments of the Constitution, these being simply the correct implication and the privilege to guide. The Arizona Supreme Court indicted and condemned Miranda to 20-30 years, however, later the U. S. Incomparable Court revoked the conviction and expressed the composed admission was never again a legitimate bit of proof since the Miranda's constitutional rights were abused. Presently, police must educate the individual getting arrested of his Miranda rights which are what is currently broadly known as the Miranda Warning. S. constitution's fifth correction and 6th amendment were abused in the Miranda Case. As In the U. S Constitution, the fifth correction states that, "No person shall be held to answer for a capital, or Otherwise infamous crime, unless on a presentment or indictment of a Grand Jury, except in cases arising in the land or naval forces, or in the Militia, when in actual service in time of War or public danger; nor shall any person be subject for the same offence to be twice put in jeopardy of life or limb; nor shall be compelled in any criminal case to be a witness against himself, nor be deprived of life, liberty, or property, without due process of law; nor shall private property be taken for public use, without just compensation"( The United States Bill of Rights).

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Further, the 6th amendment states "In all criminal prosecutions, the accused shall enjoy the right to a speedy and public trial, by an impartial jury of the State and district wherein the crime shall have been committed, which district shall have been previously ascertained by law, and to be informed of the nature and cause of the accusation; to be confronted with the witnesses against him; to have compulsory process for obtaining witnesses in his favor, and to have the Assistance of Counsel for his defense. Illinois case had been decided that if the charged person's entitlement to counsel with a lawyer has been denied, it will mean an infringement of his Sixth Amendment right (Baker,1985). The Miranda Vs Arizona case was ruled 5-4, and the judgement of the court was delivered by Chief Justice Warren.

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Regarding the Fifth Amendment that was violated it was said that "By custodial interrogation, we mean questioning initiated by law enforcement officers after a person has been taken into custody. As for the procedural safeguards to be employed. The following measures are required. How serious these consequences may prove to be only time can tell. But the basic flaws in the Court's justification seem to me readily apparent now once all sides of the problem are considered. The new rules are not designed to guard against police brutality or other unmistakably banned forms of coercion. Those who use third-degree tactics and deny them in court are equally able and destined to lie as skillfully about warnings and waivers. Rather, the thrust of the new rules is to negate all pressures, to reinforce the nervous or ignorant suspect, and ultimately to discourage any confession at all" (Landmark Cases of the U.

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Anything you say can and will be used against you in a court of law. You have the right to an attorney. If you cannot afford an attorney, one will be provided for you. Do you understand the rights I have just read to you? With these rights in mind, do you wish to speak to me?"(What Are Your Miranda Rights?). If the accused claims his right to remain silent, the judge should respect the request and discontinue the questioning, and if the defendant asserts his right to legal counsel, interrogation should stop. S Constitution's Fifth and Sixth Amendments. References Baker, L. Miranda: Crime, law and politics. New York, NY: Atheneum. Hendrie, E. (n. d. Retrieved from http://landmarkcases. org/en/Page/470/Key_Excerpts_from_the_Majority_Opinion Landmark Cases of the U.

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