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This 9 page paper discusses the history of the Miranda warning, how it has evolved, the decisions surrounding it and why it is necessary. Bibliography lists 5 sources.
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9 pages (~225 words per page)
File: D0_HVMirWrn.rtf
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decisions surrounding it and why it is necessary. The Basic Principles One of the most basic of all police powers is that of arrest. It is given to all duly
recognized law enforcement agencies by the Constitution, since it is generally recognized that a society cannot function without a guarantee of some minimal level of safety guaranteed to its citizens.
That safety comes in the form of laws and law enforcement personnel. But the Constitution also limits police powers; the Fourth Amendment says "The right of the people to be
secure in their persons, houses, papers, and effects, against unreasonable searches and seizures, shall not be violated, and no Warrants shall issue, but upon probable cause, supported by Oath or
affirmation, and particularly describing the place to be searched, and the persons or things to be seized" (Fourth Amendment). The idea of "probable cause" is one of the cornerstones of
the criminal justice system; it prevents the police from just crashing in on people on a whim-they have to prove that there is a reason for them to believe that
a crime is being committed, or that there is evidence of a crime on the premises. The idea that arrest has to be systematic, and that the accused have rights,
is a very important principle. Common Law Modification to the Constitution - the "Miranda" Case The case that changed the arrest procedure in the United States, of course, was Miranda
v. Arizona, 384 U.S. 436 (1966) (Longley, 2007). A detailed synopsis of the Miranda case is available on the Crime Library website, and its fascinating reading. It also casts a
great deal of doubt on Mirandas guilt, but that is another paper entirely. The basic facts that concern us are these: Ernesto (or Ernest, both spellings are given) Miranda was
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