Professional Documents
Culture Documents
Period 5
5/20/2011
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
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 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,