What is Miranda and how has it strengthened or weakened the ability of the police to solve crimes? I will answer this question by first looking at Miranda and what it means and who it applies to. Next we will look at the case Miranda vs. Arizona and how this ruling effect our justice system. Finally was this case and ruling important to our justice system and the way police are able to solve crimes today.
To begin what is Miranda? Who does Miranda apply to? When an officer of the law takes a person in to their custody based on the idea they may have committed a crime they must read them their rights. This applies to everyone taken into police custody. According to http://www.mirandawarning.org these rights are also known as the Miranda Warning, also known as being “Mirandized” it is clear and direct:
“You have the right to remain silent. 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?” http://www.mirandawarning.org
If a person refuses to speak or acknowledge that they understood theses rights they may need to be read to them again when or if they began to speak. There is more if the person indicates in any way at any time prior to or during questioning, that he or she wishes to remain silent, the interrogation must stop. If the individual states that he or she wants an attorney, the interrogation must stop until an attorney is present. At that time, the individual must have an opportunity to speak with the attorney and to have him or her present during any questioning.
Now that we understand Miranda let’s look at the case Miranda vs. Arizona. Ernesto Miranda was accused of robbery, kidnapping, and rape. During police interrogation, he confessed to the crimes. The conviction was overturned due to allegedly intimidating police interrogation methods. After a retrial that included witnesses and other evidence, Miranda was again convicted. This time his trial was