Miranda Rights Case
"To protect these rights in the face of widespread ignorance of the law, the court devised statements that the police are required to tell a defendant who is being detains and interrogated."
http://www.pbs.org/wnet/supremecourt/rights/landmark_miranda.html
http://www.pbs.org/wnet/supremecourt/rights/landmark_miranda.html
Ernesto Miranda was charged with kidnapping, rape, and armed robbery in 1966. During his arrest he confessed and admitted to his crimes. The rights were not provided for him at the time and he had to be retried. Because his rights were not given, the court could not use his confessions as evidence in the trail. He was to be retried later.
|
The Trial
After confessing completely to his crimes, Miranda had to go to court. His attorney objected to the accusations saying that Miranda's legal rights were violated and that they could not use his confession as evidence, but the was quickly overruled and he was sentenced to 20 to 30 years in prison for both cases of rape and kidnap.
John J. Flynn, a criminal defense attorney and Peter D. Baird, an associate of the law firm Lewis and Roca, wrote a 2,500 word petition stating that Miranda's 5th Amendment rights were violated, and sent it to the Supreme Court, denied. His attorneys continued to present reasons why Miranda needed to be retried, such as other cases that supported him.
Chief justice Earl Warren made a decision in favor of Miranda saying that because of Miranda, every person in custody had to be read their rights. This decision was released June 13, 1966, creating the Miranda Warning. Because of this police now have to issue the Miranda Rights.
Miranda was retried, but in this trial, his wife was a witness against him, and he was convicted later for a crime against his wife, and was sentenced, once again, to time in prison.
John J. Flynn, a criminal defense attorney and Peter D. Baird, an associate of the law firm Lewis and Roca, wrote a 2,500 word petition stating that Miranda's 5th Amendment rights were violated, and sent it to the Supreme Court, denied. His attorneys continued to present reasons why Miranda needed to be retried, such as other cases that supported him.
Chief justice Earl Warren made a decision in favor of Miranda saying that because of Miranda, every person in custody had to be read their rights. This decision was released June 13, 1966, creating the Miranda Warning. Because of this police now have to issue the Miranda Rights.
Miranda was retried, but in this trial, his wife was a witness against him, and he was convicted later for a crime against his wife, and was sentenced, once again, to time in prison.
Justin Brennan's Comments "Dear Chief, I am writing out my suggestions addressed to your Miranda opinion with the thought that we might discuss them at your convenience. I feel guilty about the extent of the suggestion but this will be one of the most important opinions in our time and I know that you will want the fullest expression of my views.
I have one major suggestion. IT goes to the basic thrust of the approach to be taken. In your first sentence you state that the root problem is 'the role society must assume, consistent with the federal Constitution, in prosecuting individuals for crime.' I would suggest that the root issue is "the restraints society must observe, consistent with the federal Constitution, in prosecuting individuals for crime." |