The Fifth Amendment and Miranda v. Arizona

“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...this is what you hear on all your favorite cop shows. But, where did this saying come from? In 1963 Ernesto Miranda a ninth grade dropout (PBS) was arrested and charged with kidnaping, rape, and armed robbery. The police interrogated him for two hours. During the question Miranda supposedly admitted to all the crimes. The police then used Miranda’s confession to convict him in court. While in prison Miranda appealed his case and eventually brought it to the Supreme Court. The court ruled five to four in favor of Miranda. The Supreme Court was correct in their ruling of Miranda v. Arizona, because the majority opinion correctly argued the fifth and sixth amendments. The dissenting opinion arguments regarding the fifth and sixth amendments were incorrect and in other cases involving due process this amendment was abused. In similar cases the court ruled in favor of the defendant because he was harmed during the interrogation process.

The court argued that the case was not about whether Miranda was guilty of the charges or not (he obviously confessed). Rather they argued that the case was about the way in which the interrogation was derived. The court’s ruling was meant to deal with the mistreatment of suspects by policemen during interrogation. Policemen are notorious for mistreating interrogents (alovardohistory). Prior to this case a possible witness was beaten, kicked, and was burned on the back with lighted cigarette butts just in order to extract a testimony. The Supreme Court determined that the accused must be read the following rights: “You have the right to remain silent. Any...

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... right to remain silent.”

Works Cited

"Landmark Cases of the U.S. Supreme Court." Key Excerpts from the Dissenting Opinion. N.p., n.d. Web. 24 Feb. 2014.

http://www.streetlaw.org/en/Page/469/Key_Excerpts_from_the_Dissenting_Opinion

"Criminal Procedure and the Supreme Court: A Guide to the Major Decisions on ..." Google Books. N.p., n.d. Web. 18 Feb. 2014.

Warren, Chief Justice Earl. "Miranda v. Arizona." (1966).

http://www.alvaradohistory.com/yahoo_site_admin/assets/docs/2mirandavarizona.1134136.pdf

"Criminal Procedure and the Supreme Court: A Guide to the Major Decisions on ..." Google Books. N.p., n.d. Web. 18 Feb. 2014.

http://books.google.com/books?id=LzrlcPVUX2EC&printsec=frontcover&dq=Criminal+Procedure+and+the+Supreme+Court&hl=en&sa=X&ei=qzAZU86EFYWCyQHUt4CwCA&ved=0CCkQ6AEwAA#v=onepage&q=Criminal%20Procedure%20and%20the%20Supreme%20Court&f=false