Final Essay 1
POLS-210
April 27, 2013

Before the famous case of Miranda vs. Arizona (1967), law enforcement could use many tactics and forces to get someone to answer questions or give information without them know what their rights are under federal law. On March 13, 1963 Ernesto Miranda was arrested for the kidnapping and rape of an eighteen year old girl in Phoenix, Arizona. During his arrest and interrogation Miranda admitted to the crime and even signed it in writing. Miranda was officially arrested for his crime and was sent to jail to await trial. During his trial, this evidence was used in court to show the judge that Miranda had admitted to the crime and took full responsibility. His lawyer, Alvin Moore, argued that on his written confession was the phrase “I do hereby swear that I make this statement voluntarily and of my own free will, with no threats, coercion, or promises of immunity, and with full knowledge of my legal rights, understanding any statement I make may be used against me” (Cornell) and that this violated the sixth and fourteenth amendment rights allowing Miranda to have an attorney present during questioning and the right to not speak. It wasn’t until Miranda was signing his confession that he was informed of some of his rights. The judge overruled Moore’s objection and convicted Miranda for the rape and kidnapping of this girl and was sent to prison. Within the next few years Miranda’s appeals were taken to the Arizona Supreme Court which retired the original conviction of the Maricopa County Superior Court, giving Miranda a new trial without the evidence of his confession. The supreme court stated that “the person in custody must, prior to interrogation, be clearly informed that he has the right to remain silent, and that anything he says will be used against him in court; he must be clearly informed that he has the right to consult with a lawyer and to have the lawyer with him during interrogation, and that, if he is indigent, a lawyer will be appointed to represent him”(PBS). This single decision would change how police officers perform their job from that point on. Once the decision was made that Miranda had not been notified of his rights under the Constitution, many other people that were in prison contacted lawyers and used this to get out of their sentence. It was at this point that the Supreme Court handed down a decision that would require every police officer to read a suspect their rights and require them to agree they understand those rights before they could be questioned. This statement became known as the Miranda