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The History of Miranda Rights

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Submitted By Shannrica
Words 1300
Pages 6
Shannrica T. Fuller
CJA 301
MOD 3 Case
9 January 2014

The History of Miranda Rights Miranda Rights is a ruling, based upon a U.S. Supreme Court decision in a 1966 case, that law-enforcement officers must warn a person taken into custody that he or she has the right to remain silent and is entitled to legal counsel. (legal-dictionary.com) Miranda rules prevent a person from self-incrimination. The fifth- amendment is an amendment to the US Constitution states that no person may be compelled to testify against himself; and a person can refuse to answer a question on the grounds that it might incriminate oneself. Miranda prevents criminal investigators form violating a suspect fifth-amendment rights. A series of unfortunate events led up to the Miranda Rights being implemented into the criminal justice system. On March 2nd, 1963 a young woman reported her tape to the Phoenix, Arizona police department. She told the police that she had been driven to the desert and raped by a male unfamiliar to her. Although her polygraph test was inconclusive they arrested Ernesto Miranda. Ernesto Miranda had a prior history as a peeping tom and his car fit the description provided by the victim. Another flaw from the beginning was the victim did not identify Miranda in a line-up before he was brought into police custody and interrogated. After being interrogated for hours the police received a full confession from Ernesto Miranda. Ernesto Miranda later recanted his statement that was given to the police stating that he was unaware that he didn't have to say anything at all. (mirandawarning.org) As if the investigation wasn’t flawed enough the case was a nightmare as well. The confession that was given by Miranda was different from the victim's account of the kidnapping and rape. One would wonder how the prosecutor received a prosecution

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