Ernesto Miranda was born March 19, 1941 and died January 31st, 1976. He committed his first serious crime in eighth grade, and was convicted of felony burglary. He was sentenced to one year in reform school, in his case, Arizona State Industrial School for Boys. After being released from a separate sentence from the reform school, Miranda moved to Los Angeles. While in L.A. Ernesto was arrested for lack of supervision, violating curfew and being a “peeping tom”. He was in custody for forty-five days in the county detention home. Miranda enlisted in the United States Army at the age of approximately 19 on September 03, 1946. Ernesto was a private in the Philippine Scouts branch of the Philippine Scouts during World War II. At the time of enlistment, Ernesto Miranda had a common-law marriage, and had an education level of one year of high school (wwii-army.mooseroots.com). Fifteen months later, he was ordered to receive psychiatric counseling but only attended one of his sessions. He was dishonorably discharged for spying on other people’s sexual activities as well as having many AWOL charges. Miranda spent time in jail in Texas for vagrancy, and was arrested in Nashville, Tennessee for driving a stolen car. He later moved to Mesa with a twenty-nine-year-old woman named Twila Hoffman.
On March 13, 1963, Ernesto Miranda was arrested in his home by the Phoenix Police Department. After two hours of interrogation by the police, Miranda wrote a complete confession, admitting to the kidnapping and rape of an eighteen-year-old girl ten days earlier. Alvin Moore was assigned to represent Miranda at his trial which began June 20th, in front of Maricopa County Superior Court Judge Yale McFate. It was pointed out that Mi...
... middle of paper ...
... initiated by law enforcement officers after a person has been taken into custody or otherwise deprived of his freedom of action in any significant way.” (landmarkcases.org)
The dissenting opinion was written by Justice Harlan, with Justices Stewart and White’s assistance. They wrote, “I believe the decision of the Court represents poor constitutional law and entails harmful consequences for the country at large. How serious these consequences may prove to be only time can tell. But the basic flaws in the Court 's justification seem to me readily apparent now once all sides of the problem are considered.”.
Justices Harlan, Stewart and White disagreed with the majority. The Supreme court ruled in favor of Miranda with a five-four vote. Chief Justice Warren, Justice Black, Douglas, Brennan, and Fortas comprised the majority.
I agree with the court’s decision.
Need Writing Help?
Get feedback on grammar, clarity, concision and logic instantly.Check your paper »
- In the case of Miranda v. Arizona, the U.S. Courts describes the events as: “Ernesto Miranda, a native of Mexico, living in Phoenix, Arizona, was selected in a police grouping by a woman who implicated him of kidnapping and raping her.” In more detail, Robert Kenneth describes the events as: “Barbara Johnson, an 18 year old, was kidnapped and raped. Johnson was shoved into a man 's car, where he tied her hands and ankles and drove her to the edge of the city, where he raped her. The man drove Johnson near her home, asked her to pray for him and he let her out of the car.... [tags: Miranda v. Arizona]
1104 words (3.2 pages)
- Miranda Rights Everyone has heard the term Miranda Rights, whether that be when taking a law class, during the course of a television show, or perhaps through personal experience with their use, but what do these two words really mean, where did they come from and how to they apply to an individual's everyday life. The answers to this question are neither simple nor fully answered today, as challenges to Miranda Rights appear in courtrooms routinely. However, the basis for Miranda Rights can be traced back to a landmark case handed down from the Supreme Court of the United States in 1965 entitled Miranda v.... [tags: Legal Law]
1551 words (4.4 pages)
- MIRANDA WARNING 2 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.... [tags: Miranda v. Arizona]
1063 words (3 pages)
- MIRANDA 2 The case of Miranda v. Arizona (384 U.S. 436 ) is one of the most important cases in history. It brought about prominent rights that are still existent today in 2015 regarding interrogations and custody. The results of this case are still seen in the current criminal justice system. However, even though the rights that were given to the system by the court, there are still instances today in which these Miranda rights are violated. The concept of Miranda has evolved a lot from a court case to a code used by law enforcement during custodies and investigations.... [tags: Miranda v. Arizona, Police]
1271 words (3.6 pages)
- The Miranda v. Arizona case not just for the case itself, but also for the significance of the case it had after the case. The Miranda is a nationwide that has changed law enforcement and has changed the rights of an individual. The Miranda rights law took affect after a man named Ernesto Miranda was under arrest by police officers. As police arrested Ernesto Miranda they didn’t read him his rights. Ernest Miranda lived in Phoenix, Arizona where he was charged with rape, kidnapping and robbery. Ernesto Miranda was a criminal, however he was not informed of his legal rights before the arrest.... [tags: Miranda v. Arizona]
1709 words (4.9 pages)
- If a seventh grade boy is interrogated by a police officer, he has the pressure to tell the truth; however if an adult was to be interrogated they would know that they have the right to remain silent. This correlates with the Miranda v. Arizona case, stating that you have the right to remain silent, and after you are told these rights anything you say can be used against you in the court of law. And because children are psychologically and socially different from adults this raises the question- if the age of a child subjected to police questioning is also relevant when determining police custody for Miranda purposes.... [tags: Miranda v. Arizona]
1135 words (3.2 pages)
- Everyone agrees that police should not use unconstitutional methods to coerce a suspect into giving out a confession, yet police have used unauthorized force throughout American history. Fortunately, the Supreme Court created a legal safeguard against police abuses. The safeguards were created in the 1960s after taking a case titled Miranda v. Arizona. Miranda v. Arizona is unarguably one of the most important actions the Supreme Court has taken to prevent police abuses. Many jurisdictions have interpreted Miranda v.... [tags: Miranda v. Arizona]
1116 words (3.2 pages)
- The landmark case, Miranda vs. Arizona is one of the most important legal cases in the United States. The decision of the case led to the creation of the Miranda Rights, which is still practiced to this day. Miranda Rights- “You have the right to remain silent. Anything you say or do can and will be held against you in a court of law. You have the right to speak to an attorney. If you cannot afford an attorney, one will be appointed for you. Do you understand these rights as they have been read to you?” (Decision Date: June.13.1966).... [tags: Miranda v. Arizona]
735 words (2.1 pages)
- Miranda v. Arizona is a case that revolutionized the rights of an accused while in custody and interrogation. The Supreme court leaders based the rights of Mr. Miranda by the fifth amendment of the United States Constitution. The fifth amendment has been interpreted though the decision of supreme court rulings into the right to remain silent in an interrogation in order to prevent the accused to testify against himself. This amendment also protects any person from double jeopardy from the same crime, gives him or her a grand jury, and it requires for due process of law to come in effect in case a citizen is denied him or her from their right of life, liberty, or property.... [tags: Miranda v. Arizona]
1071 words (3.1 pages)
- Miranda rights are the entitlements every suspect has. An officer of the law is required to make these rights apparent to the suspect. These are the rights that you hear on every criminal investigation and policing show in the country, “You have the right to remain silent, anything you say may be used against you, you have the right to consult an attorney, if you can no t afford an attorney one will be appointed for you.” After the suspect agrees that he or she understands his/her rights, the arrest and subsequent questioning and investigation may continue.... [tags: Miranda v. Arizona]
716 words (2 pages)
- The Presidential Campaign For The Republic Party
- Like Water For Chocolate By Laura Esquirel
- The Harlem Renaissance Of The 1920s
- Psychological Services Should Be Careful With The Level Of Access
- Sappho 's Individual Identification As A Woman And The Historical Leader Of The Text
- The Self Assessment Test Shows People Their Areas Of Strengths And Weaknesses