2016 SMBA Law Day

MIRANDAMore 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

“The police must obey the law while enforcing the law” -Earl Warren Miranda vs. Arizona was one of the most controversial Supreme Court cases and rulings in American history. It resulted in what we know as the Miranda Rights and Warning. But what makes these five simple warnings so important, and how did they change to process of proving someone guilty of a crime? To understand that, you must first understand the Miranda vs. Arizona case itself. On March 13, 1963, in Phoenix, Arizona, twenty-three year old Ernesto Miranda was arrested for kidnapping and rape. He was taken into police custody, and after two hours of police questioning he wrote and signed a confession. On his confession there was a small typed paragraph stating that he understood his rights, and his confession was voluntary. In court Miranda said his confession wasn’t voluntary, and he was unaware of his right to remain silent. Miranda had no lawyer during his questioning, so he argued his confession was invalid to use in court. Many months later the Supreme Court agreed with his statement. They concluded despite the right to remain silent being so simple, one must still be informed of it to ensure it will be followed during an interrogation. One also must be informed that they can have a lawyer there during questioning. A lawyer can advise the person what to say or what not to say, strengthening their right to remain silent. With the Supreme Court’s decision Miranda’s conviction was overturned, but he was tried again, minus his confession, and was still found guilty. Police then started saying the Miranda Warning to criminal suspects before they interrogated them. The Miranda Rights, devised from the Supreme Court’s ruling, sound like a terrible thing. At first glance one would conclude their purpose is to help criminals and hurt police. In a nutshell, the Miranda Warning says you don’t have to say anything but if you do say something that might be used against you in court, you get a lawyer during your questioning even if you can’t afford one, and you can decide to use these rights whenever you want. Yeah, they don’t sound too good. People who are guilty could not say anything and/or get an amazing lawyer, then walk away a free man and possibly commit another crime. The Miranda Rights seem like they give criminals the ability to manipulate the justice system for their favor. It also looks as

if the Miranda Right just make cops’ jobs harder, but they actually do more good than bad. One main thing the Miranda Rights protects, aside from the right to remain silent, is human dignity. They also protect the thought that you are innocent until you are proven guilty. Why treat someone like a criminal if they are innocent? This doesn’t mean that the police are going to be your best friend, but they are going to treat you like a human being. No cruel methods can be used to get you to confess or say anything that can affect your trial. Also there is your lawyer there, so they can make sure your questioning is ethical. Another important aspect of the Miranda Rights is they check police power. That isn’t actually stated in the Miranda Warning itself, but I feel it is an important implied meaning. The Founding Fathers worked so hard in the Constitution to carefully check each branch of the government, so one branch cannot take all of the power. They made sure the power was in the people’s hands, and appointed officials could not abuse their power. This is what the Miranda Warning does to in a more indirect fashion. It also forces police to use more professional techniques to convict a person of a crime, instead of unjustly forcing a confession out of a suspect. Police must find more rock-solid evidence to prove a person guilty. In conclusion, the Miranda Rights do more good than bad. There’s a literal understanding of the rights that they inform someone of and protects the rights given to a person in the Fifth and Sixth Amendments. That is, you don’t have to testify against yourself, and you have the right to a lawyer. There also is a deeper, implied meaning to the Miranda Rights going beyond the words checking police power and methods. That ties into the quote I started with by Earl Warren, the chief justice of the Supreme Court in the Miranda vs. Arizona Supreme Court case. For the public to respect the police, the police must be a good, just force, and they must show that to the public. If they break the laws and are corrupt, people aren’t going to trust or respect the police. The Miranda Warning ensures the relationship between the police and people stays good, and the police don’t abuse their power even if it is for a good cause. That is what I believe is the hidden meaning in the Miranda Rights, to strengthen the trust and relationship between the police and the public.

1ST PLACE Anna BursonImmaculate Conception, 8th Grade

“You have the right to remain silent. Anything you say or do can and will be held against you in a court of law. You have the right to speak to an attorney. If you cannot afford an attorney, one will be appointed for you. Do you understand these rights as they have been read to you?” Over fifty years ago, in Phoenix Arizona, the historical story of Ernesto Miranda unfolded, and thus forever changed the rights of the criminally accused and those being questioned under the law. This story was known as the case of Miranda vs. Arizona, and its effects on modern society still live on today. On March 13th, 1963, an uneducated Mexican Immigrant named Ernesto Miranda was arrested on the account of abducting and raping an eighteen year old movie theater attendant on March 3rd, 1963. After being identified in a police lineup, Miranda was questioned by police for over two hours until finally confessing. The officers emerged from the interrogation room with the written confession, which had been signed by Miranda. In this confession was a paragraph which stated that the confession was made, “with full knowledge of my legal rights, understanding any statement I make may be used against me.” The case went to trial in an Arizona state court, where the prosecutor used the confession as evidence against Miranda. Miranda was found guilty and was sentenced to twenty to thirty years in prison. However, it was later revealed that when he was brought in for questioning, Miranda was never told that he had the right to remain silent, or that he could consult with a lawyer; he simply confessed to the crimes. Miranda’s attorney appealed to the Arizona Supreme Court, which upheld the conviction on January 1st, 1966. He then appealed to the United States Supreme Court, which agreed to hear it along with four similar cases. There, the decision was made that the statement that Miranda gave the police could not be used as evidence against him. On June 13th, 1966, the Supreme Court made a five-four decision written by Chief Justice Earl Warren, and overturned Miranda’s conviction. However, Miranda was tried again and was later convicted in October of 1966, although there was still a lack of evidence against him. Even today, the effects of Miranda vs Arizona lives on and continue to have an impact on society. The case went on to develop the Miranda Warning, a statement given by the police to an accused criminal before questioning or arrest. As we have all heard on the cliché cop shows, The Miranda Warning begins with the saying, “You have the right to remain silent”. This is followed by, “Anything you say can and will be used against you in a court of law”. This assertion supports the Fifth Amendment, which goes against self-incrimination and prevents the government from forcing a defendant to

testify against himself. Before America broke away from Great Britain, it was acceptable at one point to force a confession, and this, many times, included torture. Our founders saw this as wrong and unjust, and thus created the Fifth Amendment. It prevents accused criminals from being pressured to confess to crimes they may not have even committed. If criminals were to feel this pressure to confess to a crime that they didn’t commit, how many innocent citizens would be wrongfully imprisoned right now? The next Miranda Warning states, “You have the right to talk to a lawyer and have him present with you while you are being questioned”. It continues with, “If you cannot afford a lawyer, one will be appointed to represent before any questioning if you wish.” This statement supports the Sixth Amendment, which guarantees a cluster of rights designed to make criminal prosecutions more accurate, fair, and truthful. However, legal representation was once a privilege only available to the wealthy. In English courts, The poor were often left to their own devices. While defendants in America can choose to represent themselves, the right to counsel gives you the right to free legal help, including a lawyer. These delegated lawyers, usually public lawyers, must deliver adequate service to defendants, meaning that they must effectively advise the defendants of the potential consequences of pleading guilty. They must also provide a reasonably capable defense if the defendant chooses to go to trial. The consequences for failing to deliver a Miranda warning ahead of an interrogation can be quite serious. It raises an unquestionable assumption that statements made by a suspect during such an interrogation were involuntary. And, because the Fifth Amendment protects anyone from being “compelled in a criminal case to be a witness against himself,” a court will generally suppress a defendant’s statements that were made during the interrogation at trial. Altogether, the warning informs suspects who are being arrested that they do not have to answer any questions from police. This may sound like a drawback for police when trying to collect information, but that’s the point: It is up to the law enforcement to prove guilt, not for the defendant to prove innocence. That is a part of the foundation in which America was founded upon. When we broke free of Great Britain’s wrath in 1776, we left behind their unjust ways of trial and drafted our own honorable way of actually defending the accused. The Miranda Warnings coincide with the principle that every American citizen has the right to life, liberty, and the pursuit of happiness, and that should not be blocked out by a forced confession or a biased lawyer. America lives by the precept, “Innocent until proven guilty”, and I believe that that has made all the difference.

2ND PLACE Lizzie RottinghausImmaculate Conception, 8th Grade

On June 13, 1966, Ernesto Miranda, a Mexican immigrant who lived in Phoenix, Arizona, was arrested for kidnapping and raping a woman. After the arrest, police questioned Miranda for two hours until they received a signed written confession that included a paragraph indicating that he had done this voluntarily, and that he had an awareness of his full legal rights. Ernesto Miranda was then convicted to twenty to thirty years in jail. Miranda’s attorney appealed to the Arizona Supreme Court, who upheld the decision. His attorney then appealed to the United States Supreme Court, which agreed to hear the case. It was argued that Miranda was not informed of his rights under the Fifth Amendment to the US constitution, which states in a criminal case that one cannot be forced to witness against himself. Miranda’s statement was not made voluntary, and he had not been told about his right to remain silent. The Supreme Court agreed. Following the court’s decision, the Miranda Warning laid down four rights that defendants have and are to be advised of when they are taken into custody: You have the right to remain silent; anything you say can and will be used against you in a court of law; you have the right to a attorney; if you cannot afford a attorney one will be appointed to you. It was one of the most important cases heard by Earl Warren, the Chief Justice of the US Supreme Court, as it brought our bill of rights of the US constitution right into modern day focus.

As we mark this 50th anniversary of this landmark US Supreme Court decision, we reflect on what this means to all of us in regard to our receiving equal justice under the law. We do not have to go far without hearing the Miranda Warning quoted on TV shows and movies, portraying how those arrested are handled. These laws help protect everybody’s freedom and rights. The Miranda Warning especially protects people who are less able to advocate for themselves, those with mental and physical disabilities, and people who have had little formal education. My point on this is that every person has a right to due process of the law, and one’s rights should be respected and protected. No one should be taken advantage of because of disabilities, hardship, or ignorance of the law. Everyone should have the same privileges and abilities in the court as those who are of good health, good education, and resources. This is because our system of justice is only as good as it is for the most vulnerable of our society. We must protect ourselves against authority figures, who might act unjustly. In conclusion, even though Ernesto Miranda was convicted of the crimes he was charged, his case reinforced that the fact that everyone has the right to due process. It is the prosecution’s job to follow the rules and prove to a jury that the charged person is guilty. This may be difficult sometimes, and sometimes a guilty person may be set free. But we may be accused one day of a crime, and we would like our case to be treated fairly and justly.

3RD PLACE Elizabeth HayesImmaculate Conception, 7th Grade

Do the Miranda Rights help out a defendant too much? The Fifth Amendment of the U.S. Constitution states that any person involved in a criminal case cannot be forced to witness against him or herself. In other words, only voluntary statements made by the defendant can be used in court. This was the basis for the case of Miranda v. Arizona that plays a role in each and every single life in the United States today. Ernesto Miranda, as troubled as he was, was restricted fair treatment when arrested, breaking the constitution written by the founding fathers. Officers interrogated him for two hours, until Ernesto wrote a confession including a typed paragraph saying the confession was voluntary. This was illegally obtained by the officers, whether they knew it or not. First, Miranda was not told by the police that he had the right to remain silent, thus making his written confession invalid in court. Next, officers failed to inform Miranda that he had the right to a lawyer. For these reasons, Miranda took this case to the Supreme Court. “When an individual is taken into custody or otherwise deprived of his freedom by the authorities and is subjected to questioning . . . he must be warned prior to any questioning that he has the right to remain silent, that anything he says can be used against him in a court of law, that he has the right to the presence of an attorney, and that if he cannot afford an attorney one will be appointed for him prior to any questioning if he so desires.” These were the words made by Judge Earl Warren as his gavel struck the table, siding with Ernesto Miranda. The Supreme Court

concluded, saying that even if a criminal knows these rights, it is not safeguarded until police officers tell the criminals themselves, before the interrogation. Also, the police must inform the defendant that they have the right to a lawyer and if not affordable, a lawyer will be appointed, by the criminal’s consent. These rights might not be thought of as very much, but they play a large role in my life, as well as others. The fact that our country grants equal treatment and allows for a fair constitution is taken for granted. Many people don’t realize that just a few hundred years ago, we could be condemned to death or sentenced to prison just because the ruler or tyrant doesn’t prefer you. Not only do I keep this in mind, I realize that this is a very lucky privilege because many people in our world, don’t have these rights. I think this should be a right granted to everyone, wherever you live in the world. To conclude, the Miranda Rights help out many people in the legal system today, dating back to the famous case Miranda v. Arizona. Many people know that these rights are indeed in our society, but fail to recognize the importance and bigger picture that these right hold. No matter who you are or where you live or even if you know it or not, the Miranda Rights plays a role in all of our lives, every single day.

“Quotes About Miranda Rights.” (4 Quotes). Web. 12 Apr. 2016.

HONORABLE MENTION Will CritesImmaculate Conception, 8th Grade

“You have the right to remain silent. Anything you say can and will be used against you in a court of law. You have the right to the presence of an attorney. If you cannot afford an attorney, one will be appointed for you prior to questioning.” This is how it begins. When a suspect is arrested, these words are recited to him by the arresting officer. It informs the suspect that he has rights under our United States Constitution that protect him or her against police questioning outside the presence of an attorney. However, before 1966, the landmark Supreme Court Decision of Miranda v Arizona criminals were not awarded this right. On March 13, 1963 Ernesto Miranda was arrested in Phoenix, Arizona for kidnapping and raping. He was sent to the interrogation room at the police station. Miranda was interrogated for over two hours, resulting in a signed written confession. This signed confession was later used against him in court, which then contributed to a verdict which found him guilty. This case marked the beginning of a series of landmark court decisions that would lead to the Supreme Court. Eventually this created a ruling that resulted in changing the law enforcement practices in the United States and throughout the entire criminal justice system forever. The 5th amendment states that a person involved in a criminal case cannot be forced to be a witness against himself. The confession Miranda signed was “Not voluntary” which violated the 5th amendment. When Miranda was arrested he was not told of his right to have a lawyer present during questioning under the sixth amendment. After the trial, Miranda was convicted of kidnapping and raping then was sentenced twenty-thirty years of imprisonment.

This case was a very important legal case that changed history and the entire criminal justice system. During Miranda’s trial, his lawyers and attorneys argued that the arresting officers did not make Miranda aware of his rights at the time of the arrest. This principle goes against the 5th amendment of the United States Constitution. The lawyers also added to their argument that the officers neglected to tell Miranda of his rights to remain silent which is against the fifth amendment as well. Chief Justice Earl Warrant delivered the resulting five to four decision to the Supreme Court. He cited that “no confession should be administered under the Fifth Amendment self-incrimination clause and sixth Amendment right to an attorney.” This case was important to history because it explored the procedural protections afforded to all of us by the United States Constitution. The decision helped ensure fair and just treatment for all in our Criminal Justice system. It has played a central role in the foundation of our freedoms, and is an important reason why our Criminal Justice system is admired around the world. Ensuring that out lives, our liberty and our property is protected is what makes our system of justice work.

HONORABLE MENTION Jordan EdensImmaculate Conception, 8th Grade

Her mouth fell open as evidence against her was presented to the judge. The accused person had no idea that what she had said in custody was going to be used in the trial. This is an example of what would happen without the Miranda Rights, which is just one instance of the rights our legal system has put in place to ensure equal justice for everyone. What would the impact on society be if we did not have the Miranda Rights, and why are they more than just words? I believe that without the Miranda Rights, people would feel powerless, trials would be meaningless, and society would be unjust.The Miranda Rights tell you that you do not have to answer questions and you have the right to an attorney. The Miranda Rights, sometimes also referred to as the Miranda Warning, state, “You have to right to remain silent. Anything you say can and will be used against you in the court of law. You have the right to an attorney. If you cannot afford an attorney, one will be provided for you. Do you understand what I have just told you? With these rights in mind, do you wish to speak to me?” This means that you do not have to answer any questions and you will have an attorney. According to MirandaWarnings.org, this means that anything you say will be used against you in the way that is most harmful to you and you can request an attorney during interrogation and you must receive one before questioning is continued. The Miranda Rights are more than words in the way that they empower people. Without the Miranda Rights, a suspect may feel unable to do anything about their fate from the point they become accused. The Miranda Rights inform people who are indicted that they have a voice (and an attorney) and empower them to do something about the accusation. I also believe that the Miranda Rights are similar to Martin Luther King Jr.’s speech. I believe this because they both empower others, and give them a direction to go in. The Miranda Rights allow someone to see that they will not be unfairly convicted and they can do something about the accusation. Martin Luther’s speech largely affected, empowered, and guided African Americans to get the rights they greatly deserved. I believe that the Miranda Rights are just as empowering for people now as Martin Luther King Jr.’s speech was to people back then. According to the article Michelle Maiese wrote called Addressing Injustice, empowering people is an important way to restore justice after the conflict had been resolved. As Americans, we should be grateful that we have these rights and freedom. The Miranda Rights are more than just words and very influential in what we think we can do about our future. Due to the Miranda Rights we are empowered and able to do something about not only staying out of jail, but the rights Americans will have in the future.

Without the Miranda Rights, trials would be meaningless. I believe this for several reasons. One reason is, the purpose of trials is to have legitimate evidence presented from both sides of the case, so that the judge can determine if the accused person is guilty and should be convicted or if the accused person is innocent and should go free. However, without the Miranda Rights, the accused person may not have an attorney during the interrogation and feel forced to answer the questions they are asked. This means more risk of trials being unfair and convicting anyone who was accused. Therefore, the trials would be pointless because the accused person would not be able to substantially defend themselves without the help of an attorney. According to the Tucker law group, the Fifth Amendment says that no one should be forced to be a witness against himself and that guarantee has been interpreted to mean that people do not have to give testimony against themselves, including interrogations by the police. The Miranda Rights ensured that the Fifth Amendment is not violated. The Fifth and Sixth Amendments ensure that we, as Americans, have rights and without the Miranda Rights, freedom is violated. I believe that the Miranda Rights are an important way to ensure our freedom as Americans. Our society would be unjust without the Miranda Rights for several reasons. For example, people would not know that they had the right not to say anything and the right to an attorney. This means that people could be treated unfairly by officers and law officials. Having an unjust government would greatly impact society, and make it to where America would not be a symbol of freedom and rights for everyone. According to the article Michelle Maiese wrote called Addressing Injustice, serious economic and social problems are created when things are unjust. Having the Miranda Rights allow our society to be just, and continue to make sure that America is a place where everyone has freedom. Our society would greatly suffer without the Miranda Rights. In conclusion, without the Miranda Rights people would feel unable to do anything about their accusation, trials would be unfair, and society would be a mess. I believe that the Miranda Rights are very important to our society, help keep our Fifth and Sixth Amendment rights in check, and make sure our freedoms are not violated. The Miranda Rights are part of what makes the United States of America a country where everyone has freedom and rights. The Miranda Rights are more than just words because they empower people and guarantee our rights and freedoms as Americans.

HONORABLE MENTION Abby FeldtHickory Hills, 7th Grade

“You have the right to remain silent. Anything you say can, and will, be used against you in court of law. You have the right to an attorney. If you cannot afford one, one will be appointed to you.” These famous words have been heard countless times on television and have become known by almost all. They are the Miranda Rights that police must now say while they are arresting an individual. In the year of 1966, the Supreme Court hands down its decision in Miranda v. Arizona, establishing the principle that all criminal suspects must be advised of their rights before interrogation or questioning. You might say that these rights have no effect in your daily lives, but I feel that they have shaped the way our country has developed. Thanks to the Miranda v. Arizona case the arresting of an individual is now served justice by the knowing of their rights, before they are being interrogated. This allows no individual to have to testify against themselves, and also gives themselves a fair trial by being given an attorney if the cannot afford one. I think this right is fair and gives the individual the right to a fair trial. The Miranda Rights also gives you the right to remain silent. This right is underappreciated by almost all of the citizens of America. This specific right gives an individual the right to not answer any questions, if they do not want to. This right also ties in to the fifth Amendment,” No person shall be held to answer for a capital, or otherwise infamous crime, unless on a presentment or indictment of a grand jury, except in cases arising in the land or naval forces…” The right to silence is taken for granted by many, but when an individual is arrested, that right might save them from prison. Silence is more important than most

may realize. Silence is the right to not respond, which may save you in a court case. Confucius once said, “Silence is a true friend who never betrays.” Silence has saved many people from being falsely accused and sent to jail. Many people feel that they must defend themselves in times of trouble, but some of the time being silent can overrule arguing. I feel that the right is silence is one of the best rights the US has awarded, because of those reasons The beauty of the Miranda Rights is that if the individual indicates in any manner, at any time prior to or during questioning, that he or she wishes to remain silent, the interrogation must cease or stop. If the individual states that he or she wants an attorney, the interrogation must cease until an attorney is present. At that time, the individual must have an opportunity to confer with the attorney and to have him or her present during any subsequent questioning. The Miranda rights are so important that if the police fail to read a suspect his or her Miranda Rights, the prosecutor can’t use for most purposes anything the suspect says as evidence against the suspect at the trial. The Miranda Rights in most eyes are truly worth more than words, because of the deep meaning that comes behind it. These rights mean so much to the citizens of America that without it our country would be drastically different and our nation wouldn’t be as fair as it is today.

McBride, Alex. “Miranda v. Arizona (1966).” Expanding Civil Rights. Dec. 2006. Web. 12 Apr. 2016. <http://www.pbs.org/wnet/supremecourt/rights/landmark_miranda.html>.

HONORABLE MENTION Ben GalligosImmaculate Conception, 8th Grade

What do you think about when you hear the words Miranda rights? Do you think about the rights you have according to law, or do you think about the Miranda vs Arizona case where Miranda was arrested, and police took Miranda into questioning without reading his rights to him. Each one of these give us certain rights that every U.S citizen has no matter who they are or what they have done. The sixth amendment requires a suspect in custody to be informed of their rights before they enter trial. I as a citizen of America have these rights that I could use in court if needed. Hopefully I will never have to use these rights, but they are very important if I am ever in a situation where I need to have the right to attorney. I personally think that either way in the case Miranda vs Arizona he wrote a written confession saying he did kidnap the girl, and the police did have enough evidence to see that he did the crime. However the police still should have read him his rights because they are required to. Miranda was found guilty and was ordered to be imprisoned for twenty to thirty years, however since the police did not read him his rights Miranda had to go through another lengthy trial after being in prison for eleven years. This trial only resulted in another eleven years in prison for Miranda because the police already had so much evidence against him.

I thinks it is important to read people in custody these rights, because they might not know all of their rights, and it can really help people if they are not guilty. Our court goes by innocent until proven guilty, but in this trial with Miranda that was not the case. The police knew Miranda was guilty because he was a bad man who already had committed other crimes. However it was still not fair however to go into trial blindly without presenting the certain rights that everyone has. I think the Miranda rights are very important because if I were to get into a problem similar to this one I would want a fair trial to give my information that I am not guilty, but Miranda was guilty. The reason the Miranda rights are more than just words is, because it is talking about our rights as United States citizens. Taking away rights from people has been a problem since the civil war and I think this will continue to be a problem with police brutality and discrimination. We need to come together as American citizens and end this. What I would do is have more schools in America learn about their rights so if they ever get into conflict they would know what their rights are and how they can express them. In conclusion each and every American should practice their rights, and we should encourage people to learn about their rights if they do not know them.

HONORABLE MENTION Zach GebhardImmaculate Conception, 8th Grade

The Miranda Warning states our Fifth Amendment rights. When a suspect of a crime is arrested, they are read the Miranda Warning. The warning states that you have the right to remain silent, and that anything you do or say can and will be used against you in a court of law. It also states that the person in custody has the right to a lawyer, and that if they cannot afford a lawyer, one will be provided for them. I believe the Miranda Warning is an extremely important part of our judicial system, it is part of what makes America a free country. We have the right to remain silent, a person being questioned does not have to say anything they do not wish to say. This is important because if an interrogator asks a suspect a question that might prove the suspect guilty, they don’t have to answer. We also have the right to a lawyer, someone to guide us through the very long and complicated process of being tried in court. If the person arrested has had no prior experience with the judicial system, a lawyer is very important. If a wrongfully accused person does not have a lawyer, they could be found guilty of something they didn’t do simply because they didn’t know what they were doing in court. If a person confesses to a crime before the Miranda Warning is read, their confession cannot be used in court against them. In this country, anyone arrested as a suspect of a crime is innocent until proven guilty. This makes our judicial system more complicated, but also fair. Since the foundation of our country is based around our freedom, our rights in the court of law are very important. Unlike in some other places in the world, America has specific laws saying that we possess certain rights in our legal system.

The Miranda rights were established in a very important case in 1963. Miranda vs Arizona is the reason we have these very important rights. Twenty-three year old Ernesto Miranda was arrested as a suspect in a kidnapping, and was questioned by police without having heard his rights. Miranda was unaware that he had the right to have a lawyer present, and that he had the right to remain silent. The police got Miranda to confess to committing the crime, and had him sign a written confession. Miranda soon after said that he was not aware of his right to remain silent during his interrogation with the police. Knowing this, the judge said Miranda’s confession was not to be used in the case against him. Miranda’s written confession was thrown out of the case, and so was all of the evidence the police found against Miranda using his written confession. The Miranda warning protects our Fifth Amendment rights. The clauses in the Fifth Amendment state basic limitations in police procedure. During a trail or interrogation, the suspect may “plead the fifth”, or use their right to remain silent, if the suspect thinks that answering the question asked would be making a self-incriminating statement. Originally, the Fifth Amendment was only to be applied to federal courts, but is now legal to use in any court. The Miranda Warning is a very important part of our legal system. They are a part of what makes America the wonderful country that it is. Americans are given so many rights and freedoms that makes us independent. Our rights in our legal system are definitely a big part of our independence. We have lots of rights and freedoms that we don’t even know we have, which is why the Miranda warning is very much needed.

HONORABLE MENTION Kathryn HammockImmaculate Conception, 7th Grade

As Americans, we are afforded our Fifth and Sixth Amendment rights, our rights to self-incrimination, protecting us from the federal justice system and interrogation. The Fifth and Sixth Amendment rights, more commonly known as the Miranda Rights, state: “You have the right to remain silent. Anything you say can be used against you in a court of law. You have the right to an attorney present. If you cannot afford one, you will be assigned one by the court.” These four sentences are the fundamental building blocks of the US justice system. We, as American citizens, pride ourselves on freedom and equality and the rights of everyone. Everyone includes criminals, no matter how much we don’t want to believe it. How would you feel if you were arrested and you weren’t allowed to remain silent, or have a lawyer present? In many countries, this is a harsh reality, which is why these rights are so important in our lives. Our justice system does as much as they can to defend the public in court, to support equality, but sometimes, it just is not possible to give everyone the fighting chance they deserve. I feel that a specific line of the Miranda Rights should be focused on: “If you cannot afford one [a lawyer], you will be assigned one by the court.” Meaning if you do not already have a lawyer, you are still allowed to have one to help defend you in court. Even if you are the poorest of the poor, you can have a lawyer. Which is where I’d like to go into more depth.

In today’s society, on average, 30,000 people are arrested every day. 33% of those people arrested are poor, uneducated, or both. That’s 9,900 poor, uneducated people arrested, every day. None of those people arrested can afford a lawyer, most of them probably don’t even have the means to find a lawyer. These are the people the Miranda Rights are meant to support, the people who can not fight for themselves, and the people who don’t know better than to give it up automatically, even if it is something they didn’t do. The Miranda Rights are meant to give these people a fighting chance, whether they deserve it or not. “Individual rights are the means of subordinating society into moral law.”- Ayn Rand. To me this quote means: The only way to teach society to be good people and do the right things is by giving them chance to do the wrong things and make their own decisions. Having individual rights means having the opportunity to make your own choices, something many countries don’t have. All of this leads back to equality and the struggle to give everyone a fighting chance. I want the Miranda rights to be more than just four sentences that every federal officer has to read off when they arrest someone. I want Miranda to mean liberty and justice for all, equality and justice for all. Miranda is, and always will be the perfect example of how our American freedoms are exercised. Miranda, more than words. Miranda, the greatest accomplishment of the American justice system. Miranda, the life changing court case, not for just one man, but for thousands of Americans.

HONORABLE MENTION Grace HanchettImmaculate Conception, 8th Grade

Miranda v. Arizona was perhaps one of the most influential Supreme Court rulings ever. It has changed law enforcement and the court system all while strengthening the constitution and the basic rights and amendments that have been given to us as Americans. When Ernesto Miranda was arrested he was not read his rights thus inducing a much more complicated trial that eventually led to the ruling that law enforcement officers must read the arrested his right to remain silent and his right to a lawyer all included in the bill of rights and that Ernesto Miranda would receive a second trial without the confession. It appeared that Miranda’s laws had been forgotten and the spirit of the constitution had been violated. Although officers can read the Miranda rights off of a card, these words are much more than just things officers read from a card. They are our born liberties, our rights, and our country’s spirit. The constitution protects these and other basic rights we have received as being an American. Not reading these rights could possibly result in an unfair trail and not knowing that you can remain quiet during questioning even against police investigators mind games tactics they play on you therefore giving them the unfair upper hand in the trial especially if you are innocent. Just like Ernesto Miranda, you too could be unknowing of your rights and say something that can be twisted and used against you even though you did not commit the crime. The first Miranda warning issues the statement that you have the right to remain silent. This is important to say because if the investigator makes it seem like silence makes you guilty it makes the accused less likely to give up their right of remaining silent. That leads into the second warning stating anything you say can and will be used against you in a court of law. This warning is basically the consequence to not remaining silent. It helps people remember to remain silent and that the officer and investigators are not on your side during investigation.

The third Miranda warning says you have the right to a lawyer and a lawyer can be present during questioning. This also helps protect the 5th amendment and first Miranda warning of the right to remain silent. A lawyer can help make sure any accounts taken during trial or questioning are truthful and do not give the law an unfair advantage over the possibly not guilty person. The fourth Miranda warning goes along with the third warning that the accused has a right to a lawyer and if they can’t afford one than that one will be provided for them. This assures the accused that the police cannot take advantage of the person if they have a low income. Also if some think that they can only have a lawyer if they can afford one they may give up information and not realize that their rights cannot be protected. Perhaps the most important Miranda warning of them all is the fifth one. It makes sure you understand the previous rights read to you before and if you choose to exercise any of these rights at this time like your right to remain silent. Also the officer asks whether you would like to speak to them now or not. This in my opinion is the most important warning because if you say you don’t want to talk then anything that is recorded after that must have been forced which can get a retrial like Miranda and it is also unjust. Miranda Warnings are a very important part of the law enforcement process and the arresting procedure. These ensure that any forced statements cannot be presented in court as the 5th amendment states that a person should not be forced to be a witness in their own criminal court case. This presents the argument that if these rights are not read then the law is enforcing justice unlawfully. So overall the Miranda Warnings are more than words because they keep the spirit of the constitution alive and protect the rights and liberties of the American people.

HONORABLE MENTION Thomas HeadleyImmaculate Conception, 7th Grade

At the end of almost all of our favorite crime shows we hear the same things, the criminal’s rights when taken into police custody. We are able to exercise these rights whenever we want to so we can be sure that we are tried for whatever crime in a fair and safe way. One of the things that makes our legal system strong is these rights. They keep us safe if we were falsely accused as well as making sure those who committed crimes are sent to prison. You have the right to remain silence. Anything you say can and will be used against you in a court of law. You have the right to talk to a lawyer and have him present with you while you are being questioned. If you cannot afford a lawyer, one will be appointed to you before any questioning if you wish. You can decide at any time to exercise these rights and not answer any questions or make any statements. Those are your rights. Those are my rights. As a citizen of the United States we have those rights if taken into police custody. In 1966 Miranda vs. Arizona was decided by a 5-4 Supreme Court decision that Ernesto Miranda’s confession could not be used against him in his trial for kidnapping, assault, and robbery. When Miranda was questioned by the police he confessed. However he was unaware of the rights given to him by the Fifth and Sixth Amendment of the Constitution. Because of this trial it became mandatory that the “Miranda Rights” are read to suspects when taken into police custody. The Constitution is more than just words on a sheet of old paper. Our founding fathers wrote are rights to protect us. We have those rights and it is important that we know them. The Miranda Rights make sure of that. The Fifth Amendment says that “No person shall be held to answer for a capital, or otherwise infamous crime, unless on a presentment or indictment of a grand jury…” With the rights given to us we can be sure that these trials are completely impartial in all ways. The rights that we have help make sure that the people found guilty are guilty, that is something that is so important for all Americans. If we were falsely accused we can be sure that our trial is fair. We can have faith in our justice system.

The Sixth Amendment states that “In all criminal prosecutions, the accused shall enjoy the right to a speedy and public trial, by an impartial jury of the state and district wherein the crime shall have been committed, which district shall have been previously ascertained by law, and to be informed of the nature and cause of the accusation; to be confronted with the witnesses against him; to have compulsory process for obtaining witnesses in his favor, and to have the assistance of counsel for his defense.” This gives us the right to a lawyer which is very important. If you can’t afford a lawyer you still have the opportunity for one. This keeps the trial fair because no one could have an advantage because of something they can or can’t afford. Because of the Miranda Rights people don’t have to talk and reveal any information that would hurt their case. This helps if you were falsely accused because you don’t have to speak of anything that incriminate yourself. This helps the legal system to stay sound through false accusations as well as keeping innocent people out of prison. Lady Justice wears a blindfold because the American legal system is impartial. It doesn’t favor anyone for any reason, the Miranda Rights help to protect this. Anyone can exercise their rights at any time. Because the American legal system doesn’t show favoritism. Anyone can have a lawyer no matter your economic status because the American legal system wants to keep trials fair. This impartiality is important it protects the very things are nation was founded for. If we are willing to work hard, Americans can and will thrive no matter their social status. All in all the Miranda Rights protect us through something that could be a very scary and messy process for someone who didn’t fully understand what is going on. It’s important for us to be aware of our rights through all of the things we have to face. It’s one of the things that makes America great. We are innocent until proven guilty. Not only are we innocent but we are given the things we need to make sure that if we are truly innocent, it will stay like that.

HONORABLE MENTION Erin JarvisImmaculate Conception, 7th Grade

Fifty years ago the Supreme Court of the United States of America made a ruling that decided the people of the United States had the basic need to be informed of their rights as citizens under protection of the Fifth Amendment to The Constitution. Today this ruling has led to the Miranda warning (named after the case) that is well-known and is used often, including sometimes in popular culture as well as a variety of other Medias. First, the warning itself informs someone of their basic rights that they are allowed. It states that: 1) the suspect can remain silent if they choose. 2) They are allowed an attorney. 3) Anything that is said can be held against them in a court of law. 4) If the person cannot afford an attorney they will be provided one. It is also important to mention that this applies to people who are both in police custody and under interrogation. With that information it is now easier to look at the topic in which this is written: how Miranda rights are more complex than the simplistic, obligatory statement they are often viewed as. The Miranda v. Arizona case has reinforced the Fifth Amendment which, in my opinion, contains some of the most important clauses that affect how we as Americans are allowed to live our own independent lives. Americans often have a tendency to pride themselves on the freedom that we have, but more importantly we gained. This country was formed to avoid things that were often not fair or morally unjust caused by the British monarchy, and looking at this particular amendment there is sometimes a theme of breaking off of those rules. Most of the things protected by the Fifth Amendment seem commonplace now, such as not being tried over and over again for the same crime, however kings a hundreds of years ago would do many trials until the desired outcome was reached.

So now it has been addressed that the court case Miranda v. Arizona led to the Miranda rights being spoken, which protects the Fifth Amendment which is important for things such as maintaining a fair legal system. There is, however, a question that when looking at parts of The Constitution of the United States and also court cases including Miranda v. Arizona: how does it all apply to me? In my life I am not personally a criminal, so why does the Double Jeopardy clause of the Fifth Amendment affect me? Or why is it important that I could have the rights I know of spoken to me? And I answer with an often quoted phrase – “United we stand, divided we fall.” America is divided into states, but as a nation put together is how the country was built to be. These rights are for all of America, because yes, as far as the clauses directed towards criminals, some people do need those rights to be fair and just, and by helping those, we progress as a nation. We as citizens are fundamentally aided by these Miranda rights, and all the rights we have created together through the years, because we stand together to help one another. In conclusion, the Miranda case has led to an essential part of the United States’ justice by protecting our basic rights for all of the members of this great country. By helping some of our fellow Americans with the rights that they deserve, we ultimately progress as a people. That is why the Miranda rights are important to this country, and contribute to this being the greatest country in the world.

HONORABLE MENTION Wyatt JohnstonImmaculate Conception, 7th Grade

The Miranda Warning, sometimes referred to as your Miranda Rights, is a warning the police will give to criminal suspects after they are taken into custody. The purpose of the Miranda Warning depends on whether you are the law enforcement officer or the suspect. The Miranda Rights go into a greater explanation, and different meanings. Hopefully I never have to hear them but they definitely need to be understood. If you were to ask me what the Miranda Rights meant to me I would say that they are used to protect a person who is placed under arrest as well as the officers making the arrest. You wouldn’t think an eighth grade dropout, who was a rapist and kidnapper would play such a vital role in our criminal investigations today. But is true, if it weren’t for Ernesto Miranda the Miranda Rights would not be here today. I watch NCIS, Criminal Minds, Law and Order and other shows about criminal investigation that are very interesting. During these shows after they catch the murderer, rapist, kidnapper, and serial killers they always recite the Miranda Rights. I always heard them say it and maybe have even memorized part of it but never knew what they meant or what they stood for. After learning and researching about these rights they make plenty of sense. “You have the right to remain silent. Anything you say can and will be used against you in a court of law. You have a right to an attorney, If you cannot afford an attorney one will be appointed for you.” This statement can vary as long as it is fully understood. One main part of the Miranda Warning that is intriguing to me is the right to remain silent. The purpose for the right to remain silent is designed to protect you

from undergoing police questioning or trial. One story that would be a good example would take the case of California resident Richard Tom. In 2007, he broadsided a car, injuring a girl and killing her sister. At the accident scene, he asked to go home but was told no. He wasn’t handcuffed, but police held him in the back of a police car. At no point did he ask the police about the victims. During his trial for vehicular manslaughter, prosecutor Shin-Mee Chang told the jury that Tom’s failure to ask about them pointed to the “consciousness of his own guilt. “His complete lack of concern for the occupants of the car that he had just broadsided was one factor that showed his indifference to the consequences of his reckless driving that night,” Chang says. But didn’t Tom have the right to remain silent to not ask about the victims? All these shows on television like Law and Order and NCIS tell us “You have the right to remain silent, Anything you say can and will be used against you in a court of law.” This article interests me and makes me think about the Miranda Rights even more. All in all the Miranda Rights come from Ernesto Miranda a rapist and kidnapper. I am actually very thankful for this case that went down with Miranda vs. Arizona. If it weren’t for this case many people would not be protected. If we didn’t understand them it would be unlawful and the case of the crime you committed would be dropped. The confidence in the criminal justice system will be strengthened by ensuring that the rules will be fair to crime victims as well as suspects. Thanks to the case of Miranda vs. Arizona all of these factors are now possible.

HONORABLE MENTION Sarah KnetzkeImmaculate Conception, 8th Grade

On March 13, 1963, Miranda was arrested for kidnapping and raping a citizen in Arizona. He was interrogated without knowing his rights. The police took him in and asked him questions. After an hour, he answered. What he didn’t know was that he had the right to remain silent. He did not know that anything he said could be and was used against him in a court of law. He didn’t know that he had the right to an attorney. He was required by law to have someone there to help him plead his case, and his rights weren’t delivered. He was alone in the interrogation room, one man against Arizona. He was denied what was rightfully his, regardless of his guilt. He did not have a fair trial, and these are the reasons why. For one thing, the police who interrogated him did so with total disregard for the Fifth Amendment of the Constitution of the United States. In the Constitution in clearly states, “...nor shall be compelled in any criminal case to be a witness against himself...”. This means that the police cannot compel you to admit to anything without telling you that your words can be used against you. If you do not know what your rights are, the police cannot use what your say against you in court, which is exactly what happened to Miranda. He did not get a fair trial for the exact reason that he was denied his rights given to him by the Constitution. When Miranda’s attorney pleaded this, the police suggested that everyone should know their rights, but what if you were a fresh face to America? What if you were from another country that doesn’t teach the laws of other countries (because it’s not like we learn German or Japanese laws in school)? What if you were accused of committing a crime in your new country and you were accused of being guilty because you didn’t know the rights you had in this strange new land? It’s true, I do not know if Miranda had lived in America his whole life, but it’s possible he was foreign. You cannot prosecute someone for not knowing every amendment, every word, and every punctuation mark of the Constitution. It’s not right. Innocent or guilty, it’s just not right. What about his right to remain silent? Foreign or not, most people automatically believe that when the handcuffs come on, you’re a dead man. But that’s just not true, and everyone has the right to know that. He had no idea that he had a say in his fate, or in this case, a silent say. He could have thought that he was going to jail either way, so he might as well write up a fake confession. Guilty or not, the US believes that people are innocent until proven guilty, and in this scenario, the police pretty much deemed him guilty when they handcuffed him. It’s not fair, it’s not right, and it’s not justice.

Imagine that, out of nowhere, you were taken in by the police. They handcuffed you and didn’t read you your rights. They took you to an interrogation room and accused you of a gruesome crime that you know you didn’t commit. Naturally, you defend yourself. You desperately try to make them understand it wasn’t you, but the police won’t budge. Maybe you don’t have an alibi, and it’s starting to look pretty hopeless for you. Then they hand you a slip of paper and tell you that jail will be so much easier if you just confess. Maybe you think that if the police think your lying then they’ll take you in. You sign the paper already, but you’re eager to get into court with your attorney so they can help you plead your case. Then you’re in court and the first thing that the police flash is the written confession that you felt they forced you to sign. Even if they weren’t innocent, a written confession by someone who didn’t know their rights is absurd. That would be like trying to play a game that you’ve never played before without knowing the rules. The people around you are just going to make up their own because they know that you won’t call them on it. People need to know their rights so that they can defend themselves in a clear, efficient, and fair way to achieve justice for the guilty and the innocent. Negative or positive consequences for those who deserve it. That is what court is supposed to be about, but this whole situation where a man wasn’t given his rights is cruelty! Madness! On the edge of tyranny! No one should be denied what they deserve anywhere in the world, but if the US is all we can give that to right now, then so be it. Not for the guilty, not for the innocent, not for anyone. In conclusion, Miranda was denied his rights given to him by being a US citizen. He was unfairly stripped of what was his by law, and that is a lesson that we, as Americans, must never forget. Even if he was guilty, he was innocent until proven guilty, so he should have gotten the same treatment as everyone else. The authorities had no way of knowing for certain whether it was him. Just, off the bat, assumed him guilty. It was an unfair, unjust, and partisan decision. Almost biased, if you ask me. But, as with all history, Americans must learn from this case to never let your assumptions and accusations get the better of you. Innocent until proven guilty. This is the way that I think all countries should live by when it comes to law and justice. Miranda may have been guilty, but when it came down to the final trial, he was innocent until proven guilty, as he should have been from the start.

HONORABLE MENTION Jennifer NeillHickory Hills, 7th Grade

In the Pledge of Allegiance, it conveys,“...freedom and justice for all.” To me this means that everyone in our country is required to have the same rights and values, and the Miranda Rights play a key role in this idea. Just think what the United States would be like today if we didn’t have the Miranda Rights. Many court cases would be unfair, many lawyers would not be making as much money, people would admit to crimes they had not committed, and the government would take control of our basic rights as citizens of the United States. The Miranda Rights have greatly impacted the lives of others or even the lives of our own, even if we have not been convicted of a crime. The Miranda v. Arizona case is a special case that introduced the Miranda Rights to the people and government of our country. The Miranda Rights explain that you have the right to remain silent, the right to a lawyer, and if not able to provide one , the court will. These rights are special to a person who is being convicted because they explain that they have the right to a fair trial even if you are guilty of the crime. The Miranda Rights were established in 1966. The Miranda v. Arizona case is a case about a man named Ernesto Miranda who was accused of raping a young girl and without knowing his rights, like the right to remain silent and the right to a lawyer, he admitted he did the crime. The Court in the case said that police must inform suspects of their rights and that it is unfair because law enforcement officers use intimidating techniques to enforce the “truth” to be spoken and admitted.

These rights impact my life, even though I hope to never hear them in my lifetime, by giving a sense of hope to my community, myself, and the country in its entirety. The Miranda Rights are more than words because they give the people of our country the rights to stand up for themselves, even if they don’t have to say anything at all. In our country it is a big deal to the government that their people have freedom and are able to stand up for themselves. Many politics and political influences are changing the way we see our judicial system and releasing new ideas to refresh the minds of people and introduce new topics that could improve everyday life in the United States. To conclude, It had all started with a man who was convicted and it turned into special rights that are used in our government today. This shows that any new idea is open and that anyone can challenge our system of government. It takes strength and bravery to stand up for yourself and others and it takes one individual to do it. Together as a whole our country can keep improving its rights to its people and itself to succeed in making our government a place of refuge and prosperity for everyone.

HONORABLE MENTION Kayla PfitznerImmaculate Conception, 8th Grade

“You have the right to remain silent. Anything you say can and will be used against you in a court of law.” Anyone who has seen a crime related TV show may have heard this before. This statement is a part of the Miranda Warning. If you are being arrested for any reason, the person arresting you is required to say the Miranda Warning to you. If they do not, a confession or anything else you say in the investigation or interrogation is thrown out. This all came to be in the Miranda V. Arizona court case. To summarize, Ernesto Miranda was a young male who was accused of a violent crime. He then underwent police interrogation and eventually confessed to the so called crime he was being charged for. Then, Miranda signed a paper saying that he confessed without being threatened or forced. However, Ernesto Miranda’s lawyer said that the police failed to do two things: make Miranda aware of his right to representation and inform him of his right to remain silent. Miranda’s case was then taken to the Supreme Court and said that because that Fifth and Sixth Amendment was violated during Miranda’s arrest, his confession became invalid. However, evidence showed that Miranda was still guilty of the crime and he was arrested anyway. Among all of the five rights in the Miranda Warning, I have decided to focus on “you have the right to remain silent”. This is the most known part of the warning, but why? While in court or interrogation, you will be asked many questions over and over and over again. The right to remain silent is important in this case. That way, if you do not talk, officers will not be able to make the assumption that you are guilty. Interrogators are allowed to trick and

lie to you so that you will confess. Even if you didn’t do the crime, you might do the time because of their harsh techniques. Comments you make statements that may seem to help you, but they could actually do the opposite. Police interrogation is intense, and if you try to plead your case, there is a chance things could go south and you could end up behind bars. Not everyone is well informed in the court and police system. Interrogation, questioning, and trial can be very intimidating. Officers can turn the tables on you to make you seem very guilty. Many people don’t know what to say, how to respond, or how to act while in this position. While some might not realize this, your lawyer can be present during interrogation. But the bad thing is that suspects fail to request one because they are unaware of this right. So then, they go into interrogation, get asked many questions, are accused of a crime they may or may not have committed, and next thing they know, policemen are putting handcuffs around their wrists. If the suspect would have known how to respond during questioning, would they have ended up behind bars? Hopefully no one you know ever has to go through anything related to this, but it is always important to be prepared just in case. “You have the right to remain silent.” Seven words, but much more meaningful. Despite Ernesto Miranda’s bad intentions, he changed the court system in a good way. Thanks to him, suspects are required to be informed of this right, among others, while being arrested. It is also very important to understand this right so you can use it properly and it the most beneficial way.

HONORABLE MENTION Claire WilgusImmaculate Conception, 8th Grade

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