Case Report Essay Example | Topics and Well Written Essays - 750 words

Case Report - Essay ExampleThe importance of the redress of the accused to be assisted with a counselor before answering questions during custodial investigation was the significant principle laid down in this case. The Miranda rights is referred to as the right of the accused to a counsel which has the spare-time activity wordings You have the right to remain silent. Anything you say can and will be used against you in a court of law. You have the right to have an lawyer present during questioning. If you cannot afford an attorney, one will be appointed for you. Absence of the Miranda rights shall render the admission of the accused as inadmissible in proof and shall be regarded as the fruit of a poisonous tree. Further, any statement obtained from the accused by the police during custodial investigation shall not be admitted as evidence during trial unless it can be proven that the accused voluntarily offered the confession after having been informed of his rights and fully und erstanding the consequences of his actions, with or without assistance of a counsel, which shall be considered as a valid waiver on his part.On March of 1963, the accused, Ernesto Arturo Miranda from Phoenix, Arizona, was arrested following the charge of rape and kidnapping of an 18-year-old movie theaterattendant. During custodial investigation, he confessed commission of the crimes of robbery and attempted rape. During trial, his confession, together with the testimony of the victim were used against him, despite the objections of his counsel. The officers who interrogated Miranda admitted also admitted during the trial that Miranda was not advised that he had a right to have an attorney present. His counsel argued that his Fifth Amendment rights against self incrimination were violated. Superior Court Judge Yale Mc Fate held that the confession is admissible as evidence. Thus, Miranda was convicted and sentenced to 20 to 30 years in prison to be served