Case

Running head : BRIEFCase BriefNameSchoolProfessorCourseCase BriefCase :Miranda v . Arizona , 384 U .S . 436 (1966Facts :The cite reference involves the questioning of the constitutionality of the curse of the accuse out of his avow accession . Ernesto Miranda was arrested by guard officers at his home and taken to the police force station . He was , thereafter , taken into the examination way of life where he was questioned by two police officers without informing him of his rights to detain silent and to counsel . After the examination , a compose confession was signed by Miranda admitting the crimes of kidnapping and rape . The crimes which Miranda confessed were non the crimes by which he was arrested . Thereafter , Miranda was convicted by the attempt tribunalIssue :Is the conviction of an criminate out of his ad mission without affording him of his rights constitutionalDecision : NoReasoning : Under the typography , the accused is guaranteed of his right against self-incrimination contained in the twenty percent Amendment .

The right against self-incrimination dictates that any exculpatory or inculpatory statements taken after the testing cannot be presented by the prosecution as depict in court without ensuring that the procedures have been complied with . Apart from that , any statement admitted by the accused without informing the accused of his basic rights cannot be admitted as evidence in Court . The Court further think that interrogation carried out in an! environment or asynchronous transfer mode of incommunicado is intimidating and can undermine the right against self- incriminationThe Fifth Amendment withal provides...If you want to get a full essay, mark it on our website: OrderCustomPaper.com

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