2016 SMBA Law Day MIRANDA More Than Words Essay Contest Award Recipents presented by The Law Firm of Neale & Newman, LLP springfieldbar.com 1ST PLACE Anna Burson Immaculate Conception, 8th grade 2ND PLACE Lizzie Rottinghaus Immaculate Conception, 8th grade 3RD PLACE Elizabeth Hayes Immaculate Conception, 7th grade HONORABLE MENTION Will Crites, Immaculate Conception, 8th grade Jordan Edens, Immaculate Conception, 8th grade Abby Feldt, Hickory Hills, 7th grade Ben Galligos, Immaculate Conception, 8th grade Zach Gebhard, Immaculate Conception, 8th grade Kathryn Hammock, Immaculate Conception, 7th grade Grace Hanchett, Immaculate Conception, 8th grade Thomas Headley, Immaculate Conception, 7th grade Erin Jarvis, Immaculate Conception, 7th grade Wyatt Johnston, Immaculate Conception, 7th grade Sarah Knetzke, Immaculate Conception, 8th grade Jennifer Neill, Hickory Hills, 7th grade Kayla Pfitzner, Immaculate Conception, 8th grade Claire Wilgus, Immaculate Conception, 8th grade 1ST PLACE Anna Burson Immaculate Conception, 8th Grade “The police must obey the law while enforcing the law” if the Miranda Right just make cops’ jobs harder, but they -Earl Warren actually do more good than bad. Miranda vs. Arizona was one of the most controversial One main thing the Miranda Rights protects, aside Supreme Court cases and rulings in American history. from the right to remain silent, is human dignity. They also It resulted in what we know as the Miranda Rights and protect the thought that you are innocent until you are Warning. But what makes these five simple warnings so proven guilty. Why treat someone like a criminal if they important, and how did they change to process of proving are innocent? This doesn’t mean that the police are going someone guilty of a crime? To understand that, you must to be your best friend, but they are going to treat you like first understand the Miranda vs. Arizona case itself. a human being. No cruel methods can be used to get you On March 13, 1963, in Phoenix, Arizona, twenty-three to confess or say anything that can affect your trial. Also year old Ernesto Miranda was arrested for kidnapping and there is your lawyer there, so they can make sure your rape. He was taken into police custody, and after two hours questioning is ethical. of police questioning he wrote and signed a confession. Another important aspect of the Miranda Rights On his confession there was a small typed paragraph is they check police power. That isn’t actually stated in stating that he understood his rights, and his confession the Miranda Warning itself, but I feel it is an important was voluntary. In court Miranda said his confession wasn’t implied meaning. The Founding Fathers worked so hard voluntary, and he was unaware of his right to remain in the Constitution to carefully check each branch of the silent. Miranda had no lawyer during his questioning, government, so one branch cannot take all of the power. so he argued his confession was invalid to use in court. They made sure the power was in the people’s hands, and Many months later the Supreme Court agreed with his appointed officials could not abuse their power. This is statement. They concluded despite the right to remain what the Miranda Warning does to in a more indirect silent being so simple, one must still be informed of it to fashion. It also forces police to use more professional ensure it will be followed during an interrogation. One also techniques to convict a person of a crime, instead of must be informed that they can have a lawyer there during unjustly forcing a confession out of a suspect. Police must questioning. A lawyer can advise the person what to say or find more rock-solid evidence to prove a person guilty. what not to say, strengthening their right to remain silent. In conclusion, the Miranda Rights do more good With the Supreme Court’s decision Miranda’s conviction than bad. There’s a literal understanding of the rights that was overturned, but he was tried again, minus his they inform someone of and protects the rights given to confession, and was still found guilty. Police then started a person in the Fifth and Sixth Amendments. That is, you saying the Miranda Warning to criminal suspects before don’t have to testify against yourself, and you have the right they interrogated them. to a lawyer. There also is a deeper, implied meaning to the The Miranda Rights, devised from the Supreme Miranda Rights going beyond the words checking police Court’s ruling, sound like a terrible thing. At first glance power and methods. That ties into the quote I started with one would conclude their purpose is to help criminals and by Earl Warren, the chief justice of the Supreme Court hurt police. In a nutshell, the Miranda Warning says you in the Miranda vs. Arizona Supreme Court case. For the don’t have to say anything but if you do say something that public to respect the police, the police must be a good, might be used against you in court, you get a lawyer during just force, and they must show that to the public. If they your questioning even if you can’t afford one, and you break the laws and are corrupt, people aren’t going to trust can decide to use these rights whenever you want. Yeah, or respect the police. The Miranda Warning ensures the they don’t sound too good. People who are guilty could relationship between the police and people stays good, and not say anything and/or get an amazing lawyer, then walk the police don’t abuse their power even if it is for a good away a free man and possibly commit another crime. The cause. That is what I believe is the hidden meaning in the Miranda Rights seem like they give criminals the ability to Miranda Rights, to strengthen the trust and relationship manipulate the justice system for their favor. It also looks as between the police and the public. 2ND PLACE Lizzie Rottinghaus Immaculate Conception, 8th Grade “You have the right to remain silent. Anything you say or do testify against himself. Before America broke away from Great can and will be held against you in a court of law. You have the Britain, it was acceptable at one point to force a confession, right to speak to an attorney. If you cannot afford an attorney, and this, many times, included torture. Our founders saw this one will be appointed for you. Do you understand these rights as wrong and unjust, and thus created the Fifth Amendment. as they have been read to you?” It prevents accused criminals from being pressured to confess Over fifty years ago, in Phoenix Arizona, the historical to crimes they may not have even committed. If criminals story of Ernesto Miranda unfolded, and thus forever were to feel this pressure to confess to a crime that they didn’t changed the rights of the criminally accused and those being commit, how many innocent citizens would be wrongfully questioned under the law. This story was known as the case of imprisoned right now? Miranda vs. Arizona, and its effects on modern society still live The next Miranda Warning states, “You have the right on today. to talk to a lawyer and have him present with you while On March 13th, 1963, an uneducated Mexican you are being questioned”. It continues with, “If you cannot Immigrant named Ernesto Miranda was arrested on the afford a lawyer, one will be appointed to represent before any account of abducting and raping an eighteen year old movie questioning if you wish.” This statement supports the Sixth theater attendant on March 3rd, 1963. After being identified Amendment, which guarantees a cluster of rights designed to in a police lineup, Miranda was questioned by police for over make criminal prosecutions more accurate, fair, and truthful. two hours until finally confessing. The officers emerged from However, legal representation was once a privilege only the interrogation room with the written confession, which had available to the wealthy. In English courts, The poor were often been signed by Miranda. In this confession was a paragraph left to their own devices. While defendants in America can which stated that the confession was made, “with full choose to represent themselves, the right to counsel gives you knowledge of my legal rights, understanding any statement I the right to free legal help, including a lawyer. These delegated make may be used against me.” lawyers, usually public lawyers, must deliver adequate service The case went to trial in an Arizona state court, where the to defendants, meaning that they must effectively advise the prosecutor used the confession as evidence against Miranda. defendants of the potential consequences of pleading guilty. Miranda was found guilty and was sentenced to twenty to They must also provide a reasonably capable defense if the thirty years in prison. However, it was later revealed that when defendant chooses to go to trial. he was brought in for questioning, Miranda was never told The consequences for failing to deliver a Miranda that he had the right to remain silent, or that he could consult warning ahead of an interrogation can be quite serious. It with a lawyer; he simply confessed to the crimes. Miranda’s raises an unquestionable assumption that statements made by attorney appealed to the Arizona Supreme Court, which a suspect during such an interrogation were involuntary. And, upheld the conviction on January 1st, 1966. He then appealed because the Fifth Amendment protects anyone from being to the United States Supreme Court, which agreed to hear it “compelled in a criminal case to be a witness against himself,” along with four similar cases.