Assignment
written by name ..
Assignment
Carlos Miranda, resident of Phoenix was arrested at his home on March 13, 1963 on charges of kidnapping, rape and robbery of 18-years old girl about ten days ago. He was taken to the police department and interrogated without being informed about his rights. Miranda confessed for committing the crimes which obviously was recorded by the police. In addition to that, he undersigned his confession without attorney present. He was convicted of rape and kidnapping and he was sentenced to years in prison.
He addressed the Supreme Court of Arizona, claiming that his confession was obtained violating his personal rights. The Supreme Court of Arizona confirmed the verdict of the lower court based upon the confession.
During the appeal in the Supreme Court of US arose the issue whether “Statements obtained from an individual who is subjected to interrogation by the police“ are permissible in a trial against him. “
The Supreme Court traversed the judgment of Supreme Court of Arizona, restored the rights of the individual deciding that a violation of the Fifth Amendment to the Constitution is accomplished and the confession was obtained without informing the individual about his/her constitutional rights to remain silent and the need of attorney present.
The decision was taken with 5 to 4 votes. The majority ruling opinion was that the individual must be preliminary completely informed about his rights to remain silent and that anything he might say can be used against him in court, the right of attorney present during the interrogation and for consulting him and if he cannot afford one such must be appointed to represent him for free.
The dissenting opinion considered that the court is going “too far and too fast”. They emphasized on the adverse impact that will have on the criminal side of community life. It is also considered as a great success of the Legal Aid Movement in the 60’s which had a revolutionary impact in the legal proceedings.
Assignment p. 2
Detective Martin McFadden, 62 years old, from the Police department of Cleveland, while patrolling downtown saw two men walking up and down Euclid Avenue staring at one the same store window, stopping and discussing something. Later they were joined by a third man. The plane clothed officer approached them and introduced himself as a policeman. He identified them as John W. Terry, Richard Chilton and the third man – simply as Katz. The way the three men behaved made him very suspicious and patting their over clothes he found two guns in two of them. In the police station they were charged with having concealed weapons.
The defense of the charged individuals wanted to decline the seized weapons to be used as evidence motivating themselves that the guns were seized without warrant. Terry and Chilton were found guilty and convicted to three years in prison. The Supreme Court of Ohio confirmed the verdict of the lower one.
Followed appeal to the Supreme Court of the US based on violation of Fourth Amendment to the Constitution .
The decision of the Supreme Court was taken with 8 to 1 votes in behalf of the defence.
References
Bloomberg Law
Citation 384 US.436.10 Ohio Misc.9.86 S.Ct.1602.161Led.2d 694(1966)
Citation 392 US 1. 885. Ct.1868.20L.Ed.2d 889 (1968)
Fourth Amendment to the US Constitution
Fifth Amendment to the US Constitution
