Miranda v. Arizona

Anyone who has seen Spike Networks “Cops”, “21 Jump Street”, or really any other TV show that has remotely to do with law enforcement can probably recite at lease part of the Miranda rights. However many people, I for one, knew almost nothing about where these rights came from. In 1966 a truck driver named Ernesto Miranda was arrested for the alleged kidnapping and rape of a young woman outside of Phoenix, Arizona. After two hours of interrogation, Miranda confessed. There was no police misconduct but Mirandas attorneys argued that police interrogation would break down any suspect and that the court should do more to protect individuals from self-incrimination. The legal question to the supreme court is does the fifth amendment protect against self incrimination also protect against police interrogation?

The court decided that a suspect does have these protections from self incrimination extending further to say that the suspect must be aware of their right to remain silent and anything you say can and will be used against you in a court of law. Also the right to an attorney, and that if the suspect can’t afford an attorney, one will be provided for the suspect.

The dissenting opinion argued that this decision made it harder for police to do their job. I disagree with this. If a suspect is guilty, they are guilty, and the evidence should be enough to be able to prosecute them while still upholding their fifth amendment rights. The Miranda v. Arizona case as an example. The police interrogation was found to be unconstitutional, however the evidence that was being held against Miranda was enough to put him away for the crime he committed. It should be noted that a suspect is only read his miranda rights after they’ve been arrested and previous to be asked any questions by officers. If no questions are ever asked, the rights don’t have to be read.

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