The Miranda Rights originated in 1 963 when Ernesto Miranda was arrested and charged with kidnapping and rape. He signed a confession of guilt two hours after police interrogation. Miranda appealed to the supreme court because he had been coerced to give the confession; the police never informed him of right to an attorney.
The ruling stemmed from other similar cases. In the 1961 Mapp v. Ohio case, the court ruled that evidence produced from illegal searches violated the fourth amendment and could not be used as evidence. Another landmark case was the 1963 Gideon v. Wainwright, where the Courts ruled that a defendant has the right to an attorney and will be assigned an attorney should they not be able to afford one. Another notable case was in 1964 was the Escobedo v. Illinois. In this case, the Court's ruled that a suspect has the right to an attorney when interrogated by the police.
The Chief Justice Earl Warren played a major role in the decision basing his argument on th Fifth Amendment. The Fifth amendment states that an individual need not testify against himself. Warren postulated that when a subject is detained, they are inherently intimidated by the environment they are in. Due to this, he reasoned that any evidence produced wouldn't be impartial.
Good summary despite the two typos but they don't detract that much from the overall effect of your posting. I think its really unfair if you are coerced into lying. This is really corrupt and I think its shameful that the US did/does these kinds of things.
ReplyDeleteVery well organized. The information was displayed very nicely.
ReplyDeleteNice!! I really liked this, all the important information is there and it's short and concise!
ReplyDeleteGood job, your posting is easy to follow and you did a nice job summarazing the information. I really disagree with the decisions made by the Chief Justice.
ReplyDeleteGood job with the topic, you showed how the creation of Miranda Rights happened very well.
ReplyDeleteI like your posting becuase it's nice, concise, and I can't think of another thing that rhymes. I kind of feel like its something I should memorize (not that I'm ever going to be in that situation). I read in this "Guide to beginning drivers" thing that if a police pulls you over, DON'T say anything. Then they can read you the Miranda Rights. Great guide, huh?
ReplyDeleteI found this post to be elucidative in a very epigrammatic sort of way.
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