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Module Six Discussion Board

Module Six Discussion Board

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Module Six Discussion Board

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Module Six Discussion Board

The criminal justice system can be described as a system that provides justice to the people who are accused or guilty of a crime. The criminal justice system is directly linked with the society, therefore, there is a need to make constant changes according to the requirements. Some cases in US history directly influenced the law and society. One such case is “Miranda v. Arizona 1996” case. This case not only changed the law but also changed the prosecution methods and style (Graham Jr, 1966).

Ernesto Miranda was arrested by the Phoenix Police on March 13 in 1963 on the basis of some evidence that linked him to sexually assaulting and kidnapping of an eighteen-year-old girl. Miranda signed a confession after been interrogated for two hours. However, during this whole interrogation, police did not tell him about his legal rights that to remain silent and the confession he signed would be used against him (Ervin Jr, 1966).

During the trial, Miranda’s court lawyer objected to the evidence provided by the prosecution as the written confession was not truly voluntary but the court overruled this objection and sentenced him 20-30 years of imprisonment. Miranda then again filed an appeal in the Supreme Court claiming that he was not informed about his legal rights before signing the confession. In the Supreme Court Chief Justice Earl Warren gave his opinion about Miranda’s case that according to the fifth and sixth amendments every suspect has the right to an attorney and self-incrimination unless the suspects decide not to use his legal right as a result, Miranda’s conviction was overturned (Ervin Jr, 1966).

This case changed the whole dynamic of the interrogation methods. After this case, all the police officers were bound to give Miranda warning to every suspect they catch and during the interrogation, every suspect should be given Miranda’s right before they sign or orally give any confession (Elsen & Rosett, 1967).

References

Graham Jr, K. W. (1966). What is Custodial Interrogation: California's Anticipatory Application of Miranda v. Arizona. UCLA L. Rev., 14, 59.

Elsen, S. H., & Rosett, A. (1967). Protections for the Suspect under Miranda v. Arizona. Colum. L. Rev., 67, 645.

Ervin Jr, S. J. (1966). Miranda v. Arizona: A Decision Based on Excessive and Visionary Solicitude for the Accused. Am. Crim. LQ, 5, 125.

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