Question

Describe the Criminal Process and detail exceptions to the Miranda Rule.

Answer 1

Miranda was arrested at his home and taken in custody to a police station where he was recognized by the witness. He was then cross-examined by two police officers for two hours after which Miranda signed a written confession. During trial the oral and written confessions were presented to the panel of judges. Miranda was found guilty of kidnapping and rape and was sentenced to 20-30 years imprisonment on each count.

Miranda appealed in Supreme Court during which the court cited that continuous high occurrence of police violence designed to compel confessions from a suspect. This and other forms of intimidations 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 will help the defendants to tell his story without fear

Hence to protect these rights, the Court devised statements that the police are required to tell a defendant who is being detained and interrogated. These mandatory "Miranda Rule" 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 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.