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Shohad Mondol

Period 5
5/20/2011

Miranda vs. Arizona (1966)

Miranda vs. Arizona is one of the fundamental court cases that portray the unity, equality and

freedom of our country. The phrase “all men are innocent until proven guilty” is the basis of this court

case. In summary, Mr. Ernesto Miranda was charged with accounts of rape and kidnapping. He was

taken in to custody for interrogation. The police officers who had apprehended Miranda did not make

know to Miranda of his fifth and sixth amendment constitutional rights, Miranda, under interrogation,

submitted a confession on paper, to which he signed, to the police. The slip was used in court as the

primary evidence to incriminate Miranda. He was sent to prison for twenty to thirty years on each

account. Later his case was appeal, Miranda's attorney debated that the slip evidence should not used in

the case. Our country is founded on freedom. Every man, woman and child should be treated justly

according to the constitution. However, the constitutional rights may not be known to everyone

residing in the United States. Thus, to make any apprehension of a suspected criminal, the suspect must

be informed of both his right to remain silent (fifth amendment) and this right to be represented by an

attorney (sixth amendment). Miranda was given neither.

The fifth amendment gives one the right to not incriminate oneself whilst being arrested and

whilst in custody. One must think of the psychology of the one under custody. One should not be under

any sort of pressure to give any answer. All information shared should be given out on a voluntary

basis. One may mistakenly submit to pressure of an inquirer by mistake. For example, such events

resulting from torture. Take the Salem Witch trials for instance. Innocent women were tortured into

declaring that they were 'witches'. Though not as extreme, the concept is still the same. A suspect must
know what is happening at all times, what he is entitled to, and what options he has. However, one may

lack the capability to safely condone his/herself. Thus, This brings forth the 6th amendment.

The 6th amendment is basically insurance in a sense. The suspect is allowed to confide with an

attorney before being questioned. The right to an attorney is the right to a free trial. It is to be just to

everyone without exception; if one is unable to afford an attorney, then one shall be appointed to

him/her.

The Miranda vs. Arizona in spite of the fact that his rights were not given to him, the evidence

was still declared valid. Miranda had already once been arrested once before, his rights were read to

him at that time. In my opinion, Miranda's court case had substantial evidence to incriminate him with

or without a confession. However, a case isn't always so “black and white,” penumbra exists as well.

And it is thanks to this case that we are able to judge evidence fairly. America has and shall always be

the home of the immigrants. It was what we were founded on. But, the result of that, we there are many

barriers between individuals. Though prevalent, English is not spoken by everyone. Customs are not

always the same. Thus, in order to treat everyone as equals, they must be given the same knowledge,

the same rites, the same privileges as everyone else.

The reach of the law extends to everyone, including Stuyvesant High School. We have had

many cases in which the rules of not just the administration of the school board applied, but the

government. Many student hearings have been held, for the many crimes and misdemeanors

committed. If the 5th & 6th amendment had not been established, life would be much different at

Stuyvesant. For example, if one had been in the smoking alcove, even if he/she may or may not have

been smoking he/she may have been taken under suspicion. And as being youths, if we are not told of

our rites, we may just start blabbering anything that came to mind, be it truth or fabrication. It is thanks

to the 5th amendment that we are able to be given at least a chance to be proven innocent. And it is

thanks to the 6th amendment that we are able to even hold fair court hearings. If this had been the past, a
student may not even been given someone to represent him/her in court. It is thanks to the Constitution,

that we are able to uphold the law.