Reference no: EM131677039

Research a criminal case on the Internet or other source that has been used by the courts as a precedent. Give a brief description of the case, its legal significance and the court's opinion. This called a case brief.

Example: Miranda vs. Arizona, 384 US 436 1966

In March of 1963, Ernesto Miranda and two other suspects were arrested in Phoenix, Arizona for kidnapping. He was interviewed by police officers and ultimately confessed to the kidnapping and rape. During the trial it was discovered that although Miranda signed a statement that contained a statement "I do hereby swear that I make this statement voluntarily and of my own free will, with no threats, coercion, or promises of immunity, and with full knowledge of my legal rights, understanding any statement I make may be used against me" there was no evidence to prove that he understood any of his legal rights or intelligently made the waiver.

Ultimately the confession was thrown out by the U.S. Supreme Court and Miranda was retried and convicted. The opinions of the court in the case set forth a precedent for what would later be dubbed the Miranda Warning or Miranda Rights. These rights are still used today and require police officers to admonish a suspect as to their rights per the Fifth Amendment. It also requires that any subsequent waiver of those rights be made voluntarily and intelligently. It further places the burden on the government or prosecution to prove the waiver in court before any statement could be used in a criminal proceeding.