Tuesday, October 29, 2019

Miranda Essay Example | Topics and Well Written Essays - 500 words

Miranda - Essay Example If you cannot afford an attorney, one will be provided for you." ( "Miranda Warning") Most people dreaded that government could act or treat according to their wishes, once any one was declared as criminal suspects. For this reason, there are certain rights, the right to remain silent and the right to an attorney that have been ensured by the Constitution. However, most people remain ignorant of such rights and a result, the police has for years taken advantage of the people's ignorance of this fact. This is what happened in the Ernesto Miranda in 1963 when he was accused of abducting and raping a young girl. He wasn't made cognizant of his rights and therefore confessed to his crime. In 1966, however, the Supreme Court disregarded his confessions as evidence against him as he wasn't aware of his rights to remain silent and his right to an attorney. Since then Miranda warnings has been given out to anyone who is suspected of a crime so that he later not argue of being unaware of his rights. (" The Miranda Warning") Other than in cases of "custodial interrogation" as in Miranda case, the court has put down situations where Miranda warnings need to be given. In 1977 during Oregon vs. Mathiason case, the court put forward other situations where the people need to Mirandized.