Miranda V Arizona Essay

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In 2007, Alex will be clerking with Judge Susan Braden on the United States Court of Federal Claims in Washington.The court disagreed, however, and upheld the conviction. The Court maintained that the defendant's right against self-incrimination has long been part of Anglo-American law as a means to equalize the vulnerability inherent in being detained.Such a position, unchecked, can often lead to government abuse.The defendant's right to an attorney is an equally fundamental right, because the presence of an attorney in interrogations, according to Chief Justice Warren, enables "the defendant under otherwise compelling circumstances to tell his story without fear, effectively, and in a way that eliminates the evils in the interrogations process." Without these two fundamental rights, both of which, the Court ruled, "dispel the compulsion inherent in custodial surroundings," "no statement obtained from the defendant can truly be the product of his free choice." Thus, 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 detained and interrogated.These mandatory "Miranda Rights" begin with "the right to remain silent," and continue with the statement that "anything said can and will be used against [the defendant] in a court of law." The police are further compelled to inform the suspect of his or her right to an attorney and allow for (or, if necessary, provide for) a defendant's attorney who can accompany him during interrogations. During the interrogation, Miranda confessed to the crime. When Ernesto Miranda was apprehended he was given a piece of paper that asked for his formal confession. After this refusal, Miranda was interrogated by the police for over 2 hours.Because none of these rights was afforded to Ernesto Miranda and his "confession" was thus unconstitutionally admitted at trial, his conviction was reversed.Miranda was later retried and convicted without the admission of his confession. Arizona, in creating the "Miranda Rights" we take for granted today, reconciled the increasing police powers of the state with the basic rights of individuals. Alex Mc Bride is a third year law student at Tulane Law School in New Orleans.In addition to this, the lawyers argued that the police neglected to advise Miranda of his right to remain silent so that he would not incriminate himself.The right to remain silent means that during the time of arrest the individual being arrested can keep quiet.


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