Legal Policy Short Paper
CJ 500 Sample Case Brief
Facts: Mr. Miranda was arrested at his residence, taken into custody, and subsequently brought
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Order Paper Nowto the police station. While in custody at the police station, Mr. Miranda was identified by a
witness who made an accusation and complaint against him. Mr. Miranda was then interrogated
by police officers for approximately two hours. Mr. Miranda subsequently confessed to the crime
and gave a signed, written confession. Mr. Miranda was never advised of his right to counsel or
his right to remain silent. At trial, the oral and written confessions were presented to the jury.
Miranda was found guilty of kidnapping and rape and was sentenced to 20 to 30 years
imprisonment on each count. On appeal, the Supreme Court of Arizona held that Miranda’s
constitutional rights were not violated in obtaining the confession.
Issue: Whether statements that are obtained from an individual who is in custody and being
interrogated are admissible at trial if the suspect has not been advised of his Fifth Amendment
privilege to remain silent and his Sixth Amendment right to counsel.
Ruling: Confession received in violation of an individual’s Fifth Amendment and Sixth
Amendment privileges are inadmissible in trial if the individual has not been advised of his or
her rights.
Analysis: The court held that
there can be no doubt that the Fifth Amendment privilege is available outside of criminal
court proceedings and serves to protect persons in all settings in which their freedom of
action is curtailed in any significant way from being compelled to incriminate
themselves. (Miranda v. Arizona, 1966)
As such,
the prosecution may not use statements, whether exculpatory or inculpatory, stemming
from custodial interrogation of the defendant unless it demonstrates the use of procedural
safeguards effective to secure the privilege against self-incrimination. By custodial
interrogation, we mean questioning initiated by law enforcement officers after a person
has been taken into custody or otherwise deprived of his freedom of action in any
significant way. (Miranda v. Arizona, 1966)
The court further held that
without proper safeguards the process of in-custody interrogation of persons suspected or
accused of crime contains inherently compelling pressures which work to undermine the
individual’s will to resist and to compel him to speak where he would otherwise do so
freely. (Miranda v. Arizona, 1966)
Therefore, a defendant
must be warned prior to any questioning that he has the right to remain silent, that
anything he says can be used against him in a court of law, that he has the right to the
presence of an attorney, and that if he cannot afford an attorney one will be appointed for
him prior to any questioning if he so desires. (Miranda v. Arizona, 1966)
Conclusion: Based on the aforementioned reasons, the U.S. Supreme Court overruled and
reversed the conviction of Edwin Miranda in the state of Arizona.
Reference
Miranda v. Arizona, 384 U.S. 436 (1966).