5TH AMENDMENT CASE

Without question, the most famous Self-Incrimination Clause Fifth Amendment court case is Miranda vs. Arizona, 1966, a case that involved an $8.00 theft and a twenty year prison sentence. After being arrested for the theft and being interrogated by police for two hours, Ernesto Miranda confessed that he had kidnapped and raped a woman a few days earlier. Miranda was not told that he could have an attorney present during questioning, nor was he told he had the right to remain silent.

Miranda was convicted based on this confession and sentenced to twenty years in prison. His lawyers appealed through the courts. The Supreme Court eventually ruled that his confession was not admissible in court. The Court said basically that the right not to incriminate oneself is so important, that law enforcement officials must establish safeguards to protect this right of the individual being questioned.

Chief Justice Earl Warren

Chief Justice Earl Warren said in his ruling:

“As for the procedural safeguards to be employed, unless other fully effective means are devised to inform accused persons of their right of silence and to assure a continuous opportunity to exercise it, the following measures are required. Prior to any questioning, the person must be warned that he has a right to remain silent, that any statement he does make may be used as evidence against him, and that he has a right to the presence of an attorney, either retained or appointed.”

EssayClue Team

Get FAST homework help. Place a similar order and get a 15% Discount for your first three orders. We have a team of professional tutors to help you with any assignment regardless of the deadline. Contact us for immediate Homework Help.

5TH AMENDMENT CASE

Without question, the most famous Self-Incrimination Clause Fifth Amendment court case is Miranda vs. Arizona, 1966, a case that involved an $8.00 theft and a twenty year prison sentence. After being arrested for the theft and being interrogated by police for two hours, Ernesto Miranda confessed that he had kidnapped and raped a woman a few days earlier. Miranda was not told that he could have an attorney present during questioning, nor was he told he had the right to remain silent.

Miranda was convicted based on this confession and sentenced to twenty years in prison. His lawyers appealed through the courts. The Supreme Court eventually ruled that his confession was not admissible in court. The Court said basically that the right not to incriminate oneself is so important, that law enforcement officials must establish safeguards to protect this right of the individual being questioned.

Chief Justice Earl Warren

Chief Justice Earl Warren said in his ruling:

“As for the procedural safeguards to be employed, unless other fully effective means are devised to inform accused persons of their right of silence and to assure a continuous opportunity to exercise it, the following measures are required. Prior to any questioning, the person must be warned that he has a right to remain silent, that any statement he does make may be used as evidence against him, and that he has a right to the presence of an attorney, either retained or appointed.”

EssayClue Team

Get FAST homework help. Place a similar order and get a 15% Discount for your first three orders. We have a team of professional tutors to help you with any assignment regardless of the deadline. Contact us for immediate Homework Help.