Miranda warnings inform suspects of their constitutional rights when being questioned by police. They originated from the 1966 Supreme Court case Miranda v. Arizona, which ruled that suspects must be informed that they have the right to remain silent and request an attorney before and during questioning. The Miranda case involved Ernesto Miranda, who was arrested and confessed to kidnapping and rape without being informed of his rights. His confession was ruled inadmissible, establishing that suspects must be read their Miranda rights to protect against self-incrimination under the Fifth Amendment. Miranda warnings must be given when a suspect is in custody and subject to interrogation. They do not have to be given for basic identifying questions alone.

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Everest University Online
Crime Scene Dynamics 1 – 14
Instructor: Ivan Kaminsky
Timothy Babcock
Aquil Muhammad
This paper examines what Miranda Warnings are and when they are required to be issued along
with a brief history on how Miranda Warnings came into being. Miranda Warnings changed the
American Legal System and it is designed to protect certain Amendment Rights of individuals
who for crimes they have committed enter the judicial system of the United States of America.

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Brief History
Miranda V. Arizona
The famous case that set the stage and changed the American Justice System took place
in Phoenix Arizona in March of 1963. Ernest Miranda attacked a woman after she had left her
job for the evening and was walking home. The woman became his captive as he tied her up, put
her in his car and drove her out of the city of Phoenix into the desert. Once in the desert Ernest
sexually assaulted her and then after placing a jacket over her head he returned her to Phoenix
and set her free.
Ernest chose a path of crime, while still in high school being sent then to reform schools.
Miranda tried to change his ways by moving around some and at one point he even joined the
Armed Forces. But it is his connection with the woman from Phoenix Arizona that would make
the books and literally change the way the justice system dealt with criminals in the United
States. The police eventually catch up with Miranda’s rights had Miranda concerning the attack
of the woman he had taken from Phoenix. The issue of Amendment Rights started when Miranda
agreed to enter the police car for a ride to downtown. Miranda recalled thinking “I didn’t know if
I had a choice.” (True TV, Miranda VS Arizona, the Crime that Changed American Justice. A
Rape in Phoenix, Gribben, Mark. Date Unknown)
At no time before Miranda started to be questioned was he made aware of his
Amendment Rights to remain silent, or seek council. After little less than three hours, police had
received a confession from Miranda in a written statement. After trials and a couple of years,

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with the help of Miranda’s attorney the decision made in the Phoenix Justice System was over
turned and it was found that Miranda’s rights had been violated.
Miranda Warnings
What Miranda Warnings are and when they are issued.
Miranda Warnings are a result of the case in 1966 [Miranda V. Arizona] the United
States Supreme Court made the decision that Miranda Warnings must be given, and they are
designed to protect the Fourth and Fifth Amendment rights of suspects. (Miranda Rights
Organization. www.mirandarights.org, 2009) The exact wording of Miranda Warnings may
differ but only by Law Enforcement; however any suspect must understand that they have the
right to: 1. You have the right to remain silent. 2. Anything you say can be used against you in a
court of law. 3. You have the right to seek council, and have one present during questioning. 4. If
you cannot afford an attorney, one will be appointed to you. Miranda Warnings do not protect
you from being arrested; police are required to have “probable cause” or adequate reason to
suspect that you have committed a crime. (Longley 2011) When a suspect is in custody and is
being interviewed or before interviewing begins any suspect must be made aware of their
Miranda Rights. While being interviewed a suspect can at anytime stop the process of
questioning and ask to have an attorney present and at this time the investigators are required to
stop. Any statements made by the suspect after Miranda Warnings have been issued can be used
in the court. Miranda Warnings are not required when police are asking an individual about their
place of residence, for their social security number, date of birth. , name,

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(Miranda, Rights to Silence. What the Miranda Rights Say, Longley, Robert. Date of Article
Unknown)
In closing, Miranda Warnings insure the protection of anyone’s rights under the law
whether innocent of a crime or whether an individual has in fact committed a crime. Miranda
Rights do not protect individuals from the consequences of committing a crime.

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References
Crime Scene Dynamics 1 & 11, Bennett, Hess, Byram, 2007
Miranda, Rights to Silence. What the Miranda Rights Say. Longley, Robert Date of Article
Unknown.
Miranda Rights Organization, 2009
True TV, Miranda VS Arizona, The Crime That Changed American Justice, A rape in Phoenix.
Gribben, Mark. Date Unknown)