David Joseph Solis
Prof. Richard Manderfield
WRA 115, Section 001
October 7 2015
Miranda v. Arizona, a Spark of Democracy In 1966, a Supreme Court ruling became one of the most important cases that are studied in today’s history classes. Miranda v. Arizona, a case that began when Ernesto Miranda confessed to the authorities that he indeed, raped a teenage female. Even though Miranda did not know his rights nor was he informed of them, he signed a confession where it stated that he knew his rights. The Miranda v. Arizona case did not only establish the Miranda rights, but became a symbol of democracy; an important cultural value in the United States. In the United States, democratic core values can be identified in the Declaration of Independence, the U.S. Constitution, historical events, and presidential inaugurations.
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The writers of the Declaration of Independence demonstrate that all men are equally created and are provided with [God-given] rights that cannot be taken away, and those include, the rights to, “Life, Liberty, and the pursuit of Happiness”. In the preamble, the Declaration of Independence indicates, “… men are created equal, that they are endowed by their Creator with certain unalienable Rights… Life, Liberty and the pursuit of Happiness,” (“The Declaration of Independence”). John Lock, the philosopher who strongly influenced that segment of the Declaration of Independence argues, how life is, in fact, an inalienable right because God owns us, in other words, we do not own ourselves (James). In society, the unalienable rights can be seen as how we have the right to do anything we want in our lives, but there are rules that are established so that we can remain safe and therefore, they should be followed. The unalienable rights present in the Declaration of Independence are just one of many examples that express democratic ideas important to American
Miranda was tried and found guilty, he was sentenced to serve 20-30 years in prison for kidnapping and raping. Miranda appealed and the case went to the Arizona Supreme Court. Arizona’s Supreme Court heard the case and affirmed the decision of the lower court stating that “Miranda’s constitutional rights were not violated because he did not specifically request counsel”. (oyez.org) Once again, Miranda appealed to the United States Supreme court, the highest court in the United States of America. The United States Supreme court was not obligated to take the case, however, it took take the case.
Judgment: The United States Supreme Court reversed the decision that was made by Arizona in Ernesto Miranda’s case because no efforts were made by Arizona to inform Miranda about his legal rights before the interrogation took place, thus this makes the interrogation and confession unconstitutional and it should have never been accepted as evidence. Miranda v. Arizona, 384 U.S. 436
The Supreme Court's choice in Miranda v. Arizona tended to four unique cases including custodial cross examinations. In each of these cases, the accused was addressed by cops or an indicting lawyer in a room in which he was cut off from the outside world. In none of these cases was the accused given a full and compelling cautioning of his rights at the start of the cross examination process. In every case, the scrutinizing evoked oral confirmations and, in three of them, signed statements that were conceded at trial. “Miranda was arrested at his home and taken in custody to a police station where he was identified by the complaining witness.
Pete Hernandez had been tried in Jackson County, Texas. Local attorneys Gus Garcia caught wind of Pete’s unfair, and frankly unconstitutional, ruling and decided to take the case into his own hands for an appell. Gus Garcia saw this case as an opportunity to extend the constitutional rights of Mexican Americans. Garcia teamed up with other brilliant attorneys and “they challenged the state’s systematic exclusion of persons of Mexican origin from all types of jury duty. ”(1)
Anyone who has been arrested before should know their rights therefore no matter what that person had done they are required to read you your rights as you are arrested. But who created the Miranda rights? The Miranda rights were first created by the Supreme Court after a man named Ernesto Miranda was convicted of his crime without his rights read to him. This case Ernesto, he was convicted of kidnapping and raping an eighteen year old ill woman. I disagree with this because of his past crimes along with his new crimes.
One of the most important Supreme Court cases throughout history was that of Miranda vs. Arizona. The case was seen to prove that the confession of Ernesto Miranda in 1963 was inadmissible as evidence because Miranda was not informed of his rights. This case came at the same time as a national push for individual rights and civil liberties. The 1960’s were a decade predicated on increasing awareness of police misconduct and abuse of power. During this period, there was also a growing feeling that suspects were often treated unfairly by both law enforcement and the court system.
One of the biggest influences that John Locke had on President Jefferson was, what John Locke dubbed, “Natural Rights,” and what Jefferson called, “Unalienable Rights.” Meaning practically the same thing, these rights were very similar, and it is obvious that Jefferson’s version derives from Locke’s ‘Natural Rights.’ John Locke’s version stated that all peoples shall possess the following rights: Life, Liberty, and Property. In this case, life means, that people people will fight to live and want to survive. Liberty refers to being free, and being able to make one’s own decision.
Democratic Ideals Expansion DBQ Life, Liberty, and the Pursuit of Happiness. The Common Good, Justice, and Equality. Diversity, Truth, and Patriotism. These words and phrases are considered core democratic values by the United States. The question of the matter is whether these democratic ideals were supposed to be expanded by reformers during the time of 1825-1850.
The Declaration of Independence states that all men “are endowed by their Creator with certain unalienable Rights, that among these are Life, Liberty and the pursuit of Happiness”. What is strange is that this was the first time in history anyone had bothered to write these words down. What is not strange is that among those rights granted to us, the founders placed life first. The founders were deeply religious men, and they understood the sanctity of human life. The founders also understood the delicate balance that would be required between compelling government interests and individual liberties.
INTRODUCTION “We hold these truths to be self-evident, that all men are created equal. They are endowed by their creator with certain unalienable Rights. That among these [rights] are life, liberty, and the pursuit of happiness. That to secure these rights, Governments are instituted among Men, deriving their just powers from the consent of the governed.” - Thomas Jefferson, Declaration Of Independence 1776
The problem arose when the police officers said they had not advised Miranda of his right to an attorney. Miranda’s lawyer was concerned that his Sixth Amendment Right had been violated. This case was noticed by the ACLU and was taken to the Supreme Court. This case raised issues within the Supreme Court on the rights of Criminal Defendants.
Introduction “We hold these truths to be self-evident, that all men are created equal, that they are endowed by their Creator with certain unalienable Rights,”( Declaration). These words are written in The Declaration of Independence of the United States of America, and these words were heavily influenced by late philosophical thinker John Locke. One of Locke’s most influential theories is that regarding private property which is laid out in his ‘Second Treatise of Government.’ Locke, in essence, argues that man’s own labour is the justification of property; that private property rights are natural rights because, while God gave earth to all men, people should have “ownership of the fruits of their labour.” (2ndtreatise).
In a 5-4 Supreme Court decision Miranda v. Arizona in 1966 ruled that Ernesto Miranda is entitled to rights against self-discrimination and to an attorney under the 5th and 6th Amendments of the United States Constitution. At trial, the oral and written confessions were presented to the jury. Miranda was found guilty of kidnapping and rape and was sentenced to 20-30 years imprisonment on each count. On appeal, the Supreme Court of Arizona held that Miranda's constitutional rights were not violated in obtaining the confession. The Supreme Court, in a 5-4 decision written by Chief Justice Earl Warren, ruled that the prosecution could not introduce Miranda's confession as evidence in a criminal trial because the police had failed to first inform Miranda of his right to an attorney and against
The Declaration of Independence states that each person has the right to "Life, Liberty and the Pursuit of Happiness". What does Life, Liberty, and the Pursuit of Happiness mean? Life can be a moment to moment existence a person experiences. Life is viewed differently by each individual including their standards, morals, and values. Liberty is the right to freedom; which comes in many different forms.
The Declaration of Independence states: “that all Men are created equal, that they are endowed by their Creator with certain unalienable Rights, that among these are life, Liberty and the Pursuit of Happiness." The Declaration of Independence is a written version of our rights as humans in America. It is saying that every person is equal, with equal opportunities. The people are given rights at birth that can not be taken away. The document gives all the “life, liberty, and the pursuit of happiness” as basic human rights.