Premium Essay

Miranda V. Arizona Supreme Court Case Essay

Submitted By
Words 623
Pages 3
Ernesto Miranda was arrested in 1963 after a rape and kidnapping victim identified him, but police officers questioning him did not advise him of his Fifth Amendment right against self-incrimination, or of his Sixth Amendment right to the assistance of an attorney. While he pled guilty to the crime, his attorney later claimed that his confession should have been excluded from trial. The Supreme Court agreed, deciding that the police had not taken proper steps to inform Miranda of his rights.
Lower Court Verdict
Miranda’s case was initially heard by a trial court in Arizona and he was found guilty of rape and kidnapping. Afterwards, Ernesto Miranda filed an appeal to the Arizona Supreme Court and the trial court’s decision was upheld.
Petition …show more content…
Moore's objection was overruled and based on this confession and other evidence, Miranda was convicted of rape and kidnapping. Moore filed Miranda's appeal to the Arizona Supreme Court, claiming that Miranda's confession was not voluntary and should not have been admitted into the court proceedings. The Arizona Supreme Court affirmed the trial court's decision to admit the confession in State v. Miranda. In confirmation, the Arizona Supreme Court emphasized the fact that Miranda didn’t explicitly request an attorney. Attorney John Paul Frank represented Miranda in his appeal to the U.S. Supreme Court.
Majority Decision of the Court
Chief Justice Earl Warren presented the opinion of the 5-4 majority on June 13, 1966. The majority opinion was voted for by: Earl Warren, Hugo Black, William O. Douglas, William J. Brennan, and Abe Fortas. The Supreme Court held that the Fifth Amendment’s protection against self-incrimination exists in all settings. With this, prosecution may not use declarations stemming from a custodial interrogation of a suspect unless specific routine safeguards were active.
Dissenting

Similar Documents

Premium Essay

Due Process and Crime Control

...The Warren Court left an unprecedented legacy of judicial activism in the area of civil rights law as well as in the area of civil liberties—specifically, the rights of the accused as addressed in Amendments 4 through 8. In the period from 1961 to 1969, the Warren Court examined almost every aspect of the criminal justice system in the United States, using the 14th Amendment to extend constitutional protections to all courts in every State. This process became known as the “nationalization” of the Bill of Rights. During those years, cases concerning the right to legal counsel, confessions, searches, and the treatment of juvenile criminals all appeared on the Court's docket. The Warren Court's began with the case of Mapp v. Ohio, which was the first of several significant cases that re-evaluated the role of the 14th Amendment as it applied to state judicial systems. In a 6-3 decision, the Court overturne the conviction, and five justices found that the States were bound to exclude evidence seized in violation of the 4th Amendment. The 4th Amendment sets the standards for searches and seizures by law enforcement officials in the United States, the Court noted, and the 14th Amendment requires judges to uphold those standards in every State. Evidence gained by an illegal search became inadmissible in State courts as a result of the decision. The “Mapp Rule” has since been modified, so the exclusionary rule is no longer as absolute as when first handed down in Mapp. Critics of...

Words: 2336 - Pages: 10

Premium Essay

Governmental Policies

...Law Day Essay “No Courts, No Justice, No Freedom” How Do Courts Protect Our Liberties? --- For hundreds of years the forefathers of the United States of America had been undertaking the task of creating and constantly amending a constitution that all men shall abide by. Alexander Hamilton, along with other contributors of the constitution, created essays which are better known as the federalist papers. These documents were created as a form of mutual interpretation and moral assurance between the government and its citizens with one major objective, to gain and retain the trust of its citizens. --- It is said within that no state "shall make or enforce any law which shall abridge the privileges or immunities of citizens of the United States. A civil liberty is defined as an individual right protected by the Constitution against the powers that be of the government. When our forefathers assimilated to draft the Constitution they anticipated certain belligerencies that might occur between the Federal Government and the individual citizen. It was cause for these concerns that enabled them to include certain civil liberties in the Constitution endowing its citizens with certain inalienable rights. Though civil liberties were put in effect over 200 years ago, over time they have been challenged up until the present day. It wasn’t until the 14th amendment that civil liberties were finally incorporated into state governments. The primary...

Words: 918 - Pages: 4

Premium Essay

Pos 2041

...Exam 4 – Essay #1 The United States Congress is a bicameral legislature that was created with the Connecticut Compromise during the Constitutional Convention of 1787. There are two chambers, the House and the Senate, that are directly elected by the people. The role of Congress is to make law. The House creates tax bills and votes to impeach, while the Senate approves treaties, appointments, and votes to convict the impeached. The Senate is considered the “upper house” because it is more exclusive as there are only 100 members as compared to 435 members of the House. To be a Senator, one must be thirty years of age and a U.S. citizen for at least nine years. House members must be twenty-five years of age and a citizen for only seven years. Another reason the Senate more exclusive is that their term is six years long, but members of the House are up for re-election every two years. Although the Congress is comprised mostly of white males, the number of women, African Americans, and Latinos has increased dramatically since 1991. Each chamber in Congress greatly differs in the people they represent. Members of the House are elected from districts that are apportioned according to how many people live in the area, while there are two Senators from each state regardless of the population of that state. Members of the House usually deal more with local issues, because their constituents are from a specific area, usually relatively small compared to the size of the state. Senators...

Words: 2114 - Pages: 9

Premium Essay

John Doe

...Advocacy Groups - an association of individuals or organizations who unite to actively support or defend an idea, usually to influence policies or resource allocations through media campaigns, public presentations, publicity, and legislative lobbying efforts; GROUP WHO TRY TO RAISE AWARENESS AND INFLUENCE POLITICS AND RESOURCE ALLOCATION advocacy groups are broader. interest groups are more specific. for example an environmental group would be an advocacy group and a group to save the rainforest would be an interest group. Amicus Curiae - “Friend of the Court.” A brief filed in a lawsuit by an individual or group that is not party to the lawsuit but that has an interest in the outcome. SOMEONE, NOT BELONGING TO ANY PARTY, VOLUNTEERS TO OFFER INFORMATION TO ASSIST IN A CASE, WHICH IS WHY IT MEANS FRIEND OF THE COURT Astroturf - refers to political, advertising or public relations campaigns that are designed to mask the sponsors of the message to give the appearance of coming from a disinterested, grassroots participant (i.e. fake grassroots); FAKE GRASS/FAKE SUPPORT; OPPOSITE OF GRASSROOTS; Creating the impression of public support by paying people in the public to pretend to be supportive. Bundling - A tactic in which PACs collect contributions from like-minded individuals (each limited to $2000) and present them to a candidate or political party as a “bundle,” thus increasing the PAC’s influence. Checkbook Membership- send in money to be a member A checkbook member is...

Words: 6201 - Pages: 25

Premium Essay

Social Science

... Kerr† This essay is designed to help new law students prepare for the first few weeks of class. It explains what judicial opinions are, how they are structured, and what law students should look for when reading them. W I. WHAT’S IN A LEGAL OPINION?  hen two people disagree and that disagreement leads to a lawsuit, the lawsuit will sometimes end with a ruling by a judge in favor of one side. The judge will explain the ruling in a written document referred to as an “opinion.” The opinion explains what the case is about, discusses the relevant legal principles, and then applies the law to the facts to reach a ruling in favor of one side and against the other. Modern judicial opinions reflect hundreds of years of history and practice. They usually follow a simple and predictable formula. This † Orin Kerr is a professor of law at the George Washington University Law School. This essay can be freely distributed for non-commercial uses under the Creative Commons AttributionNonCommercial-NoDerivs 3.0 Unported license. For the terms of the license, visit creativecommons.org/licenses/by-nc-nd/3.0/legalcode. 11 GREEN BAG 2D 51  Orin S. Kerr  section takes you through the basic formula. It starts with the introductory materials at the top of an opinion and then moves on to the body of the opinion. The Caption  The first part of the case is the title of the case, known as the “caption.” Examples include Brown v. Board of Education and Miranda v. Arizona. The caption usually...

Words: 4473 - Pages: 18

Free Essay

Ihrm

...M A G A Z I N E FA L L 2 0 0 2 Volume 20 Number 2 SPANNING THE GLOBE Duke Leads the Way in International Law Teaching and Scholarship inside plus Duke admits smaller, exceptionally well-qualified class Duke’s Global Capital Markets Center to launch new Directors’ Education Institute from the dean Dear Alumni and Friends, It is not possible, these days, for a top law school to be anything other than an international one. At Duke Law, we no longer think of “international” as a separate category. Virtually everything we do has some international dimension, whether it concerns international treaties and protocols, commercial transactions across national borders, international child custody disputes, criminal behavior that violates international human rights law, international sports competitions, global environmental regulation, international terrorism, or any number of other topics. And, of course, there is little that we do at Duke that does not involve scholars and students from other countries, who are entirely integrated with U.S. scholars and students. Students enrolled in our joint JD/LLM program in international and comparative law receive an in-depth education in both the public and private aspects of international and comparative law, enriched by the ubiquitous presence of foreign students; likewise, the foreign lawyers who enroll in our one-year LLM program in American law enroll in the same courses, attend the same conferences...

Words: 58370 - Pages: 234

Free Essay

Spanning Globe

...M A G A Z I N E FA L L 2 0 0 2 Volume 20 Number 2 SPANNING THE GLOBE Duke Leads the Way in International Law Teaching and Scholarship inside plus Duke admits smaller, exceptionally well-qualified class Duke’s Global Capital Markets Center to launch new Directors’ Education Institute from the dean Dear Alumni and Friends, It is not possible, these days, for a top law school to be anything other than an international one. At Duke Law, we no longer think of “international” as a separate category. Virtually everything we do has some international dimension, whether it concerns international treaties and protocols, commercial transactions across national borders, international child custody disputes, criminal behavior that violates international human rights law, international sports competitions, global environmental regulation, international terrorism, or any number of other topics. And, of course, there is little that we do at Duke that does not involve scholars and students from other countries, who are entirely integrated with U.S. scholars and students. Students enrolled in our joint JD/LLM program in international and comparative law receive an in-depth education in both the public and private aspects of international and comparative law, enriched by the ubiquitous presence of foreign students; likewise, the foreign lawyers who enroll in our one-year LLM program in American law enroll in the same courses, attend the same conferences...

Words: 58047 - Pages: 233

Premium Essay

Essays

...TExES I Texas Examinations of Educator Standards Preparation Manual 133 History 8–12 Copyright © 2006 by the Texas Education Agency (TEA). All rights reserved. The Texas Education Agency logo and TEA are registered trademarks of the Texas Education Agency. Texas Examinations of Educator Standards, TExES, and the TExES logo are trademarks of the Texas Education Agency. This publication has been produced for the Texas Education Agency (TEA) by ETS. ETS is under contract to the Texas Education Agency to administer the Texas Examinations of Educator Standards (TExES) program and the Certification of Educators in Texas (ExCET) program. The TExES program and the Examination for the Certification of Educators in Texas (ExCET) program are administered under the authority of the Texas Education Agency; regulations and standards governing the program are subject to change at the discretion of the Texas Education Agency. The Texas Education Agency and ETS do not discriminate on the basis of race, color, national origin, sex, religion, age, or disability in the administration of the testing program or the provision of related services. PREFACE The State Board for Educator Certification (SBEC) has developed new standards for Texas educators that delineate what the beginning educator should know and be able to do. These standards, which are based on the state-required curriculum for students——the Texas Essential Knowledge and Skills (TEKS)——form the basis for new Texas Examinations...

Words: 14132 - Pages: 57

Premium Essay

Julius Ceasar

...OUTLINE OF U.S. HISTORY OUTLINE OF OUTLINE OF U.S. HISTORY C O N T E N T S CHAPTER 1 Early America . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 4 CHAPTER 2 The Colonial Period . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 22 CHAPTER 3 The Road to Independence . . . . . . . . . . . . . . . . . . . . . . . . . . 50 CHAPTER 4 The Formation of a National Government . . . . . . . . . . . . 66 CHAPTER 5 Westward Expansion and Regional Differences . . . . . . . 110 CHAPTER 6 Sectional Conflict . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 128 CHAPTER 7 The Civil War and Reconstruction . . . . . . . . . . . . . . . . . . 140 CHAPTER 8 Growth and Transformation . . . . . . . . . . . . . . . . . . . . . . . 154 CHAPTER 9 Discontent and Reform . . . . . . . . . . . . . . . . . . . . . . . . . . . 188 CHAPTER 10 War, Prosperity, and Depression . . . . . . . . . . . . . . . . . . . . 202 CHAPTER 11 The New Deal and World War I . . . . . . . . . . . . . . . . . . . . . 212 CHAPTER 12 Postwar America . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 256 CHAPTER 13 Decades of Change: 1960-1980 . . . . . . . . . . . . . . . . . . . . . 274 CHAPTER 14 The New Conservatism and a New World Order . . . . . . 304 CHAPTER 15 Bridge to the 21st Century . . . . . . . . . . . . . . . . . . . . . . . . . 320 PICTURE PROFILES Becoming a Nation . . . . . . . . . . . . . ....

Words: 104976 - Pages: 420

Premium Essay

Business

...this situation sounds familiar, you may find it reassuring to know that many professionals undergo these same strange compulsions before they begin writing. Jean Kerr, author of Please Don’t Eat the Daisies, admits that she often finds herself in the kitchen reading soup-can labels—or anything—in order to prolong the moments before taking pen in hand. John C. Calhoun, vice president under Andrew Jackson, insisted he had to plow his fields before he could write, and Joseph Conrad, author of Lord Jim and other novels, is said to have cried on occasion from the sheer dread of sitting down to compose his stories. To spare you as much hand-wringing as possible, this chapter presents some practical suggestions on how to begin writing your short essay. Although all writers must find the methods that work best for them, you may find some of the following ideas helpful. But no matter how you actually begin putting words on paper, it is absolutely essential to maintain two basic ideas concerning your writing task. Before you write a single sentence, you should always remind yourself that 1. You have some valuable ideas to tell your reader, and 2. More than anything, you want to communicate those ideas to your reader. These reminders may seem obvious to you, but without a solid commitment to your own opinions as well as to your reader, your prose will be lifeless and boring. If you don’t care about your subject, you can’t very well expect anyone else to. Have confidence that your ideas are...

Words: 234754 - Pages: 940

Premium Essay

Logical Reasoning

...problems. III. Series. BC108.A15 2006 160'.76—dc22 2005057953 Printed in the United States of America 9 8 7 6 5 4 3 2 1 Second Edition ISBN 1-57685-534-1 For information or to place an order, contact LearningExpress at: 55 Broadway 8th Floor New York, NY 10006 Or visit us at: www.learnatest.com Contents INTRODUCTION QUESTIONS ANSWERS vii 1 99 v Introduction his book—which can be used alone, with other logic and reasoning texts of your choice, or in combination with LearningExpress’s Reasoning Skills Success in 20 Minutes a Day—will give you practice dealing with the types of multiple-choice questions that appear on standardized tests assessing logic, reasoning, judgment, and critical thinking. It is designed to be used by individuals working on their own and by teachers or tutors helping students learn, review, or practice basic logic and reasoning skills. Practice on 501 logic and reasoning questions will go a long way in alleviating test anxiety, too! Maybe you’re one of the millions of people who, as students in elementary or high school, never understood the necessity of having to read opinion essays and draw conclusions from the...

Words: 45646 - Pages: 183

Premium Essay

Education Diversity

...2 Understanding Diversity in the Classroom CHAPTER LEARNING GOALS After you study this chapter, you will be able to: 1. Explain the importance of understanding classroom diversity. 2. Explain the different group and individual sources of diversity. 3. Describe approaches to teaching in culturally and linguistically diverse classrooms. 4. Explain the provisions of the Individuals with Disabilities Education Act. 5. Explain the characteristics of students with exceptionalities. 6. Describe the role of the teacher in the inclusive classroom. Imagine You Are the Teacher It Is The First Teaching year at Lincoln Elementary School for Ms. Branson. She has 30 fifth-graders of whom 13 are girls and 17 are boys, 12 participate in the free and reduced lunch program, 5 are English language learners, and 4 have individualized education programs (IEPs). As she plans her lesson on paragraph writing, she is trying to keep the special needs of each of her students in mind. Because Jessica has a hearing impairment, Ms. Branson decides to make a written outline that includes the important parts of a paragraph and examples of good and bad paragraphs. She also decides to go over the outline several times because Fred and Alex have a reading disability. In her plan, there is also a note to herself to find a bigger pencil and wide-lined paper for Suzy, who requires these modifications according to her IEP. Based on past writing experiences, she expects Monica to finish writing her paragraph...

Words: 31653 - Pages: 127

Premium Essay

Logical Reasoning

...updated: April 26, 2016 Logical Reasoning Bradley H. Dowden Philosophy Department California State University Sacramento Sacramento, CA 95819 USA ii iii Preface Copyright © 2011-14 by Bradley H. Dowden This book Logical Reasoning by Bradley H. Dowden is licensed under a Creative Commons AttributionNonCommercial-NoDerivs 3.0 Unported License. That is, you are free to share, copy, distribute, store, and transmit all or any part of the work under the following conditions: (1) Attribution You must attribute the work in the manner specified by the author, namely by citing his name, the book title, and the relevant page numbers (but not in any way that suggests that the book Logical Reasoning or its author endorse you or your use of the work). (2) Noncommercial You may not use this work for commercial purposes (for example, by inserting passages into a book that is sold to students). (3) No Derivative Works You may not alter, transform, or build upon this work. An earlier version of the book was published by Wadsworth Publishing Company, Belmont, California USA in 1993 with ISBN number 0-534-17688-7. When Wadsworth decided no longer to print the book, they returned their publishing rights to the original author, Bradley Dowden. The current version has been significantly revised. If you would like to suggest changes to the text, the author would appreciate your writing to him at dowden@csus.edu. iv Praise Comments on the earlier 1993 edition...

Words: 189930 - Pages: 760

Premium Essay

Khan

...This text was adapted by The Saylor Foundation under a Creative Commons Attribution-NonCommercial-ShareAlike 3.0 License without attribution as requested by the work’s original creator or licensee. Saylor URL: http://www.saylor.org/books Saylor.org 1 Preface Competing books are focused on the academic part of HRM, which is necessary in a university or college setting. However, the goal with this book is not only to provide the necessary academic background information but also to present the material with a practitioner’s focus on both large and small businesses. While the writing style is clear and focused, we don’t feel jargon and ten-dollar words are necessary to making a good textbook. Clear and concise language makes the book interesting and understandable (not to mention more fun to read) to the future HRM professional and manager alike. It is highly likely that anyone in business will have to take on an HRM role at some point in their careers. For example, should you decide to start your own business, many of the topics discussed will apply to your business. This is the goal of this book; it is useful enough for the HRM professional, but the information presented is also applicable to managers, supervisors, and entrepreneurs. Besides these differences, other key differences include the following:   This book utilizes a technology focus and shows how HRM activities can be leveraged using technology. We have also included a chapter on communication and information...

Words: 157258 - Pages: 630

Premium Essay

The Social

...animal Books by Elliot Aronson Theories of Cognitive Consistency (with R. Abelson et al.), 1968 Voices of Modern Psychology, 1969 The Social Animal, 1972, 1976, 1980, 1984, 1988, 1992, 1995, 1999, 2004; (with J. Aronson), 2008 Readings About the Social Animal, 1973, 1977, 1981, 1984, 1988, 1992, 1995, 1999, 2004; (with J. Aronson), 2008 Social Psychology (with R. Helmreich), 1973 Research Methods in Social Psychology (with J. M. Carlsmith & P. Ellsworth), 1976 The Jigsaw Classroom (with C. Stephan et al.), 1978 Burnout: From Tedium to Personal Growth (with A. Pines & D. Kafry), 1981 Energy Use: The Human Dimension (with P. C. Stern), 1984 The Handbook of Social Psychology (with G. Lindzey), 3rd ed., 1985 Career Burnout (with A. Pines), 1988 Methods of Research in Social Psychology (with P. Ellsworth, J. M. Carlsmith, & M. H. Gonzales), 1990 Age of Propaganda (with A. R. Pratkanis), 1992, 2000 Social Psychology, Vols. 1–3 (with A. R. Pratkanis), 1992 Social Psychology: The Heart and the Mind (with T. D. Wilson & R. M. Akert), 1994 Cooperation in the Classroom: The Jigsaw Method (with S. Patnoe), 1997 Nobody Left to Hate: Teaching Compassion After Columbine, 2000 Social Psychology: An Introduction (with T. D. Wilson & R. M. Akert), 2002, 2005, 2007 The Adventures of Ruthie and a Little Boy Named Grandpa (with R. Aronson), 2006 Mistakes Were Made (But Not By Me) (with C. Tavris), 2007 Books by Joshua Aronson Improving Academic Achievement, 2002 The Social Animal To...

Words: 208005 - Pages: 833