Miranda Rights: The Right To Remain Silent

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Have you ever seen a movie, t.v. show, or maybe even a real event where a police arrests a pedestrian and during the act of this tells that person their Miranda Rights. I’m sure you never really put much thought into what the officer was saying except when he says “You have the right to remain silent” which we all know is the first line in the Miranda rights. I know because I was also one of those people that never payed much attention. Which is exactly why I’m going to explain exactly what they are, what they stand for, and how that plays a part in our freedom and liberty. The Miranda Rights which can also be referred to as the Miranda Warning is a right to silence given to all U.S. citizens upon being arrested. This states that when they are being interrogated they have the right to remain silent and not say anything. Thus not violating the 5th amendment. This amendment protects a person against being forced to be a witness against himself in a …show more content…
Arrests can occur without the Warning being given. If the officer later decides to interrogate the suspect, the warning must be given at that time. For example, if the police suspect and arrest a suspect and already have enough evidence to prove that suspect guilty they do not have to say the Miranda rights to the suspect. The Miranda rights are the protect oneself against self incrimination. The Miranda rights play a big role in our freedom because without them you can be forced to say something even if it is not true. Which was the case in cases before Miranda vs Arizona. Police officers would use brutal interrogation methods in order to get a suspect to confess even if it was not the truth. With the Miranda rights, a citizen does not have to say anything to the cops. Unless you confess or say something, the cops must look for more evidence themselves in order to prove the suspect

Miranda V. Arizona Court Case Summary

The case was first tried to a jury in Arizona's Maricopa County Superior Court where the defendant, Ernesto Miranda, was convicted of rape and kidnapping. Miranda appealed the conviction to the Supreme Court of Arizona which affirmed the trial court conviction finding that Miranda's constitutional rights had been violated. Miranda then petitioned for the case to be heard by the United States Supreme Court who accepted to hear the case during their spring 1966. Oral arguments for the case were heard…

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Miranda: Miranda V. Arizona and Case Miranda Vs Essay

Miranda v. Arizona 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…

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Essay on Student: Supreme Court of the United States and Miranda Vs

27, 2013 Before the famous case of Miranda vs. Arizona (1967), law enforcement could use many tactics and forces to get someone to answer questions or give information without them know what their rights are under federal law. On March 13, 1963 Ernesto Miranda was arrested for the kidnapping and rape of an eighteen year old girl in Phoenix, Arizona. During his arrest and interrogation Miranda admitted to the crime and even signed it in writing. Miranda was officially arrested for his crime and…

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Miranda Vs Arizona Case Study

Miranda v. Arizona SUPREME COURT OF THE UNITED STATES 384 U.S. 436 February 28-March 2, 1966, Argued; June 13, 1966, Decided FACTS: The Supreme Court case of Miranda V. Arizona is regarding issues of what was allowable evidence gathered during police investigations and interrogations. On March 13, 1963, Ernesto Miranda was arrested for the kidnapping and rape of an eighteen-year-old woman, during the arrest and interrogation the officers did not notify him of his Fifth Amendment rights. However…

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Police Interrogation Scenarios

must be aware of their legal rights or evidence may be declared inadmissible…

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Tampkins V. Thomkins Case Summary

suspect in the shooting, the officers read him his Miranda rights providing him the opportunity to ask for council, remain silent, or to waive his rights, and anything he said or did could be held against him in a court of law. During the interrogation process, Mr. Thompkins did not waive his rights, ask for counsel, nor did he state his Fifth Amendment right to remain silent. [1] However, he did refuse to sign the Miranda form and remained silent during the three hour interrogation process except…

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Cooper Vs Dupnik Case Study

Department to ignore the defendant’s invocation (the act of appealing for help) of his Miranda rights. There was a conflicting…

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Miranda V. Arizona Court Case Summary

The Miranda v. Arizona court case that occurred during 1966 was a landmark decision of the United States Supreme Court. The case first began in 1963 with the arrest of resident Ernesto Miranda by the Phoenix Police Department. He was accused of raping, kidnapping, and robbing. During the two hour interrogation, he confessed to the crimes. However, Miranda was not informed of his rights before the police interrogation. He was not informed of his fifth and sixth amendment rights. The Fifth Amendment…

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Essay on Miranda vs Arizona

2013 PLS 135 Miranda vs. Arizona In Miranda v. Arizona, the Supreme Court ruled that detained criminal suspects, prior to police questioning, must be informed of their constitutional right to an attorney and against self-incrimination. Ernesto Miranda was the plaintiff and the state of Arizona was the defendant. Ernesto Miranda was convicted of the March 1963 kidnapping and rape of an eighteen-year-old girl in Phoenix, Arizona. After the crime the police picked up Miranda because he fit the…

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Miranda Project

CCJS234 Miranda Memo Project April 4th, 2011 To: Clifford Stoddard Date: April 4th, 2011 RE: John Smith Murder Charges Question Presented: When a police officer intimidates a suspect after the suspect refused to talk and asked for counsel was his Fifth Amendment right violated? Edwards v. Arizona, 451 U.S 477 (1981), a suspect who has invoked his rights to remain silent cannot later waive that right unless he initiates the conversation and does so knowingly and…

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