asked 186k views
3 votes
6. How did the case of Miranda v. Arizona change the way that the police interact with the people (1 point) they arrest? Criminal suspects are encouraged to video their interactions with police for later evidence during a trial. OPolice are prevented from using excessive force to subdue violent offenders who pose a risk to other people. OPolice officers have to inform criminal suspects of their rights to silence and an attorney before they are questioned. O Suspected criminals are required to show proof of identification and citizenship before being arrested.​

1 Answer

2 votes

The Court maintained that the defendant's right against self-incrimination has long been part of Anglo-American law as a means to equalize the vulnerability inherent in being detained. Such a position, unchecked, can often lead to government abuse. For example, the Court cited the continued high incidence of police violence designed to compel confessions from a suspect. This and other forms of intimidation, maintained the Court, deprive criminal suspects of their basic liberties and can lead to false confessions. The defendant's right to an attorney is an equally fundamental right, because the presence of an attorney in interrogations, according to Chief Justice Warren, enables "the defendant under otherwise compelling circumstances to tell his story without fear, effectively, and in a way that eliminates the evils in the interrogations process."

Without these two fundamental rights, both of which, the Court ruled, "dispel the compulsion inherent in custodial surroundings," "no statement obtained from the defendant can truly be the product of his free choice."

Thus, to protect these rights in the face of widespread ignorance of the law, the Court devised statements that the police are required to tell a defendant who is being detained and interrogated. These mandatory "Miranda Rights" begin with "the right to remain silent," and continue with the statement that "anything said can and will be used against [the defendant] in a court of law." The police are further compelled to inform the suspect of his or her right to an attorney and allow for (or, if necessary, provide for) a defendant's attorney who can accompany him during interrogations. Because none of these rights was afforded to Ernesto Miranda and his "confession" was thus unconstitutionally admitted at trial, his conviction was reversed. Miranda was later retried and convicted without the admission of his confession.

Miranda v. Arizona, in creating the "Miranda Rights" we take for granted today, reconciled the increasing police powers of the state with the basic rights of individuals. Miranda remains good law today.

AUTHOR'S BIO

Alex McBride is a third year law student at Tulane Law School in New Orleans. He is articles editor on the TULANE LAW REVIEW and the 2005 recipient of the Ray Forrester Award in Constitutional Law. In 2007, Alex will be clerking with Judge Susan Braden on the United States Court of Federal Claims in Washington.

This is a really old article I managed to find. Hope it helps!

answered
User Brian Li
by
8.0k points
Welcome to Qamnty — a place to ask, share, and grow together. Join our community and get real answers from real people.