Democracy: Limitations and Possibilities dbq



Download 68.5 Kb.
Page8/13
Date20.01.2021
Size68.5 Kb.
1   ...   5   6   7   8   9   10   11   12   13
E. Miranda Decision

Primary source:
U.S. Supreme Court, Miranda v. Arizona, Supreme Court decision, 1966.
Background information: In Miranda v. Arizona (1966), the U.S. Supreme Court ruled that law-enforcement officials are required to inform the accused of their legal rights. [ . . . ]

Mr. Chief Justice Warren delivered the opinion of the Court.

The cases before us raise questions which go to the roots of our concepts of American criminal jurisprudence: the restraints society must observe consistent with the Federal Constitution in prosecuting individuals for crime. More specifically, we deal with the admissibility of statements obtained from an individual who is subjected to custodial police interrogation and the necessity for procedures which assure that the individual is accorded his privilege under the Fifth Amendment to the Constitution not to be compelled to incriminate himself.... [ . . . ]

Our holding . . . briefly stated . . . is this: the prosecution may not use statements, whether exculpatory or inculpatory, stemming from custodial interrogation of the defendant unless it demonstrates the use of procedural safeguards effective to secure the privilege against self-incrimination....

[ . . . ]




Share with your friends:
1   ...   5   6   7   8   9   10   11   12   13




The database is protected by copyright ©essaydocs.org 2020
send message

    Main page