Miranda Rights Everyone has heard the term Miranda Rights, whether in a law class, during the course of a television show, or perhaps through personal experience with their use, but what do these mean two words? do they really mean, where do they come from and how do they apply to an individual's daily life? The answers to this question are neither simple nor comprehensive today, as challenges to Miranda Rights regularly appear in courtrooms. However, the basis for Miranda Rights can be traced back to a landmark case issued by the United States Supreme Court in 1965 titled Miranda v. Arizona. Ernesto Miranda was an immigrant from Mexico living in the Phoenix, Arizona area in 1963 when he was accused of kidnapping and raping an 18-year-old woman. The victim singled out Miranda from a confrontation and was subsequently interrogated for two hours during which police detectives failed to inform him of either his Fifth Amendment right against self-incrimination or his Sixth Amendment right to request assistance of a lawyer. During this interrogation, Ernesto Miranda confessed and signed a written confession of his crimes. Included in his confession was an acknowledgment that he had waived his right not to incriminate himself. After her conviction based on her confession, Miranda's lawyer appealed her sentence arguing that her confession should be excluded because Miranda had not been informed of her rights by the interrogators. The police officers involved argued that since Miranda had a past conviction, he should have been well aware of his rights. The Arizona Supreme Court rejected Miranda's appeal and his conviction was upheld. Miranda's lawyer then appeals... middle of paper... statements can save the prosecutor and the police a lot of trouble. Works CitedCanadian Heritage, "GUIDE TO THE CANADIAN CHARTER OF RIGHTS AND FREEDOMS". Canadian heritage. November 10, 2007. Department of Canadian Heritage. November 10, 2007 .Dannemann, Gerhard. "Code of Criminal Procedure". German law archive. March 2006. The Comparative Law Society. November 10, 2007 "Fellers v. United States." Supreme Court Law Online-Duke. 2007. Duke University School of Law. November 11, 2007.Kennedy, Brian. “Walking the Fine Line in Taiwan's New Penal Code.” Taiwan review. August 1, 2003. Government Information Office, Republic of China (Taiwan). November 10, 2007 "Your Rights: Miranda and the Fifth Amendment." Find the law for the public. 2003. Los Angeles Times. November 10, 2007 .N/A, "Miranda v Arizona." The Columbia Encyclopedia. 2007. Columbia University Press. November 10th 2007 .
tags