The Importance of Miranda Rights

James White
Mr. Bradford
Honors Civics
29 March, 2016

On March 13, 1963, in Phoenix, Arizona, Ernesto Miranda, who was 23, was convicted
of kidnapping and sexual assault. He was arrested by the Phoenix Police Department in his
home, taken to the police station, identified by the victim, and taken into an interrogation room1.
After two hours of interrogation by police officers, Miranda signed a confession to the rape
charge on forms that included the typed statement: "I do hereby swear that I make this statement
voluntarily and of my own free will, with no threats, coercion, or promises of immunity, and with
full knowledge of my legal rights, understanding any statement I make may be used against me."
Even though Miranda confessed to his crimes, he was not informed of his rights prior to the
interrogation, nor did he have a counsel present. During his trial, the prosecutions case was
mainly made up of Mirandas confession because it was the only evidence they had against him.
Miranda was found guilty and sentenced to 20-30 years in prison. He appealed to the Arizona
Supreme Court saying that the police had unconstitutionally obtained his confession. The Court
waived his petition. Miranda then appealed to the U.S. Supreme Court, where they then reviewed
his case in 1966, where in a 5-4 decision the court ruled that the prosecution could not introduce
Miranda's confession as evidence in a criminal trial because the police had failed to first inform
Miranda of his right to an attorney and against self-incrimination2, and so the Miranda rights
were born. Without the principles created in Miranda v. Arizona there would be no justice, which
is essential for our liberty.

1 Wikipedia (Wikipedia Foundation, 2016), s.v Miranda v. Arizona accessed April 7, 2016,

https://en.wikipedia.org/wiki/Miranda_v._Arizona.
2 The Supreme Court . Expanding Civil Rights . Landmark Cases . Miranda V. Arizona

(1966), PBS, December 2006, accessed March 31, 2016,

http://www.pbs.org/wnet/supremecourt/rights/landmark_miranda.html.

The Miranda rights, better known as the Miranda warning, reads as follows, You have
the right to remain silent. Anything you say can and will be used against you in a court of law.
You have the right to an attorney. If you cannot afford an attorney, one will be provided for you.
Police are required to read out these rights to a suspect before any interrogation can occur, and
during an arrest3. These rights safeguard, or protect, a persons rights not to self-incriminate, and
informs them that they may have a lawyer present at any time. The rights mentioned in the
Miranda warning are granted by those in the Fifth Amendment, which protects against selfincrimination4, and Sixth Amendment, which grants the right to a counsel5, in the Constitution.
Not every person who is arrested or interrogated understands the law or knows what rights they
have. Without knowing these rights, the police are able to impose on the suspect. By knowing
what they can do, they can protect themselves during an investigation as much as the
Constitution and local laws allow. The Miranda warning provides a check and balance, a concept
the nation was founded on, between the people and authorities.
The Miranda v. Arizona case set a precedent for our law enforcement today. The Miranda
warning does not only provide a check and balance between authorities and the people, but it
also protects our rights. Without our rights as citizens of the United of States of America we
wouldnt have freedom, and without freedom, no justice.
3 The Miranda Decision, Oxford Learners Dictionary, 2016, accessed March 31, 2016,

http://www.oxfordlearnersdictionaries.com/us/definition/english/the-miranda-decision.
4 Fifth Amendment, LII: Legal Information Institute, February 5, 2010, accessed March 31,

2016,https://www.law.cornell.edu/constitution/fifth_amendment.://www.law.cornell.edu/constitut
ion/sixth_amendment.
5 Sixth Amendment, LII: Legal Information Institute, February 5, 2010, accessed March 31,

2016, https://www.law.cornell.edu/constitution/sixth_amendment.

Bibliography

Fifth Amendment. February 5, 2010. Accessed March 31, 2016.

https://www.law.cornell.edu/constitution/fifth_amendment.
McBride, Alex. The Supreme Court. Expanding Civil Rights. Landmark Cases. Miranda V.
Arizona (1966). December 2006. Accessed March 31, 2016.
http://www.pbs.org/wnet/supremecourt/rights/landmark_miranda.html.
Sixth Amendment. February 5, 2010. Accessed March 31, 2016.
https://www.law.cornell.edu/constitution/sixth_amendment.
The Miranda Decision. 2016. Accessed March 31, 2016.
http://www.oxfordlearnersdictionaries.com/us/definition/english/the-miranda-decision.
Wikipedia. Wikipedia Foundation, 2016. s.v Miranda v. Arizona. Accessed April 7, 2016.
https://en.wikipedia.org/wiki/Miranda_v._Arizona.