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The Creation of Miranda Rights
The constitution was designed to have basic laws to govern by and at the same time providing citizens with the basic rights of life, liberty and happiness ( which later became property). These terms are pretty vague thus they often need to be given specific meaning or interpretation in a courtroom. The constitution also includes a set of amendments that are called the bill of rights, because they mainly deal with rights of he “people” and citizens of the United States.
The fifth and sixth amendments protect the mentioned rights, specially of those being held in custody of the authorities. The fifth amendment states that “No person 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.” The sixth states that “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” (Bill of Rights, 1791)
In 1963, Ernesto Miranda was arrested in Phoenix, Arizona for armed robbery, and for kidnapping and raping a mentally challenged 18-year-old woman. He already had a record for armed robbery, and juvenile record including attempted rape, assault, and burglary. While in police custody he signed a written confession to the crime. After the conviction, his lawyers appealed, on the grounds that Miranda did not know he was protected from self-incrimination. This was the beginnin...
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...y controversial ruling since some say that the methods in which police officers collect the evidence should not matter if the evidence proves culpability. However the bill of rights protect all individuals even those that presumably have committed crimes. If the rights of an arrested suspects are violated in such way and he/she is not even aware of it, then the laws are going against all the freedom this country stands for. It would also give the go-ahead to other violations such as torture. The Miranda Ruling did not send Ernesto Miranda free he was still re-tried and convicted of the crime he had indeed committed.
Bibliography:
BIBLIOGRAPHY
Feinman, Jay F., 2001 LAW 101: Everything you need to know about
American Legal System.
http://lcweb.loc.gov/exhibits/treasures/trr038.html
Wilson And Dililio, 2001, The American Government
Elsen, Sheldon, and Arthur Rosett. “Protections for the Suspect under Miranda v. Arizona.” Columbia Law Review 67.4 (1967): 645-670. Web. 10 January 2014.
The Constitution lays out the rights and obligations of the newly formed United States government. But, what of the rights and obligations of its citizens? Starting in 1791, only two years after the Constitution was ratified, the Constitution began to evolve and this process continues to this day. The first ten amendments to the Constitution are known as the Bill of Rights. This Bill of Rights outlines the protections citizens have from the government of the United States.
...e police officers. Miranda established the precedent that a citizen has a right to be informed of his or her rights before the police attempt to violate them with the intent that the warnings erase the inherent coercion of the situation. The Court's violation of this precedent is especially puzzling due to this case's many similarities to Miranda.
On March 2, 1963 around midnight, a man in his early 20’s that we now know as Ernesto Miranda got out of his car and tied up the victim called Jane Doe as she wanted her name to be kept private. He drove her out to the desert outskirts of Phoenix. She did not resist Miranda as he kidnapped her as she feared for her life. Jane Doe was raped by Miranda a crime tried before by Miranda. He made her hand over the miniscule $4 she had and drove her back to the city. During the police questioning of Jane Doe about her attacker she said that she would recognize her attacker if she saw him again. About a week after the attack Jane Doe was out late with a family member, they walked by...
The constitution was a document that embodies the fundamental laws and principles by which the U.S is governed. The constitution states basic rights for its citizens. Delegates signed the constitution on September 17, 1787. There is a total of 27 constitutional amendments. The reasoning for writing it was for a stronger federal government - legislative, executive and judicial. The constitution was a break with a past of ‘unfair’ taxes, wars and ‘unfair’ treatment.
The decision requires law enforcement officers to follow a code of conduct when arresting suspects. After an arrest is made, before they may begin questioning they must first advise the suspect of their rights, and make sure that the suspect understands them. These rights are known as the Miranda Warnings and include:
In 1787, the Constitution, created by a group of men known as the “Framers”, is the highest law in the United States. At first, the Constitution was not ratify because it did not have a bill of rights which is a list of rights that belong to the people. Therefore to allow changes to the Constitution, the Framers created the amendment process. In 1791, congress proposed twelve changes to the Constitution. Ten of the twelve changes were agreed to by the states and were called “The Bill of Rights.” Some of these rights include the right of free speech, the right to practice your own religion and the right to be silent if you are arrested.
The Bill of Rights are the first ten Amendments to the Constitution. The Bill of Rights works to provide constitutional protection for the individual and to limit government power. The First Amendment and the Sixth Amendment protects the individual by allowing religious and political freedom, and by promising a public and speedy trial. The Fourth Amendment protects the individual’s privacy and limits the reach of the government into people’s homes and personal belongings. The three essential Amendments from the Bill of Rights are: the First Amendment- Religious and Political freedom: the Fourth Amendment- Search and Seizure: and the Sixth Amendment-Criminal Court Procedures.
Defenders of the Miranda decision say that fewer crimes solved are for a good reason. They believe that law enforcement officers were forced to stop coercive questioning techniques that are unconstitutional. Over the years, the Supreme Court has watered down its stance in saying that the Miranda rules are not constitutional obligations, but rather “prophylactic” safeguards intended to insure that officers do not force a confession from a suspect. The need for both effective law enforcement as well as protection of society dictates the need for potential alternatives to the limitations of Miranda that would simultaneously protect the interest of society in effective law enforcement while at the same time providing protection to suspects against unconstitutional force (www.ncpa.org).
Miranda came about in 1966, when a 23-year-old, name Miranda, was arrested and transported from his home to the police station for questioning in connections with a kidnapping and a rape case. Miranda was kind of poor and uneducated. At the station the police questioned him for two hours. After this two hours of questioning the police obtained a written confession that in turn was used in court against him. Miranda was undoubtedly found guilty.
The Duhaime’s Law Dictionary defines Miranda Warning as: “A requirement that police officers, in the U.S.A., before any questioning is so begun, warn suspects upon arrest that they have the right to remain silent, that any statement that they make could be used against them in a court of law, that they have the right to contact a lawyer and that if they cannot afford a lawyer, that one will be provided”. If an officer fails to read the Miranda warning prior to questioning, any confession or information that is obtained will not be admissible in court.
we must first fully understand what rights citizens welcome Fifth Amendment of the Constitution. What are the "Miranda" rights?
Miranda v. Arizona is a very important activist decision that required police to inform criminal suspects of their rights before they could be interrogated. These rights include: the right to remain silent, that anything you say can and will be used against you in a court of law, you have a right to an attorney, if you cannot afford an attorney one will be appointed to you be the court. In this case the Fifth Amendment's right that a person may not be forced to incriminate one's self was interpreted in an activist way as meaning that one must be aware of this right before on is interrogated by the police. Prior to this ruling it was common practice to force and coerce confessions from criminal suspects who did not know they had the right not to incriminate themselves.
In 1966, American police procedure was changed by what is known today as the Miranda Rights. In 1963, Ernesto Miranda, a twenty three year old Hispanic American with an eighth grade education was arrested for kidnap and rape. (Paddock) He was identified by the victim of the crime in a police lineup. After he was identified, he was taken into police interrogation for two hours. When he was arrested, he was not informed of his Fifth Amendment right to not incriminate himself. He was also not informed of his Sixth Amendment right to have the assistance of an attorney. In the first part of his interrogation, Miranda denied having any involvement in the crime, but after two hours he confessed to the crime in writing. (Street Law)
Ernesto Miranda grew up not finishing high school. He didn’t finish the 9th grade, and he decided to drop out of school during that year. He also had a criminal record and had pronounced sexual fantasies after dropping out of high school. Ernesto Miranda was arrested in Phoenix in 1963. He had raped an 18 yr. girl who was mildly mentally handicapped in March of 1963. He was charged with rape, kidnapping, and robbery. When he was found and arrested, and he was not told of his rights before interrogation. After two hours of interrogation, the cops and detectives had a written confession from Miranda that he did do the crimes that he was acquitted for. Miranda also had a history mental instability, and had no counsel at the time of the trial. The prosecution at the trial mainly used his confession as evidence. Miranda was convicted of both counts of rape and kidnapping. He was sentenced to 20-30 years in prison. He tried to appeal to the Supreme Court in