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Miranda v. Arizona

Miranda v. Arizona. Ashley Nine March 25, 2010 Period 7. Ernesto Miranda. Mother died, father remarried Kept distance from his brothers Started getting in trouble in grade school First conviction- 8 th grade 9 th grade got arrested for burglary Sent to reform school. Ernesto Miranda.

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Miranda v. Arizona

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  1. Miranda v. Arizona Ashley Nine March 25, 2010 Period 7

  2. Ernesto Miranda • Mother died, father remarried • Kept distance from his brothers • Started getting in trouble in grade school • First conviction- 8th grade • 9th grade got arrested for burglary • Sent to reform school

  3. Ernesto Miranda • Poor living immigrant from Mexico living in Arizona. • He was charged with rape and kidnapping. • He was arrested when someone identified him in a police lineup. • Sentenced to 20-30 years in prison. • He was not informed in his 5th and 6th amendment.

  4. After the release • ●convicted in 1967, an • served to 20-30 years in jail • ●Shortly after he got out, he retired. • ●After release, he went back to his old neighborhood ●Made a living by autographing police officers “Miranda Cards” ●January 1976, he was stabbed to death during an argument in a bar.

  5. The Interrogation • Miranda confessed to his crimes that he was charged with. • He was not informed about 2 of his rights • Arizona supreme court denied his appeal.

  6. Amendments • 5th amendment: no person shall be compelled in any criminal case to be a witness against himself. • 6th amendment: in all criminal prosecutions, the accused shall enjoy the right to have the assistance of counsel for his defense

  7. Arguments Miranda Arizona • Violated rights to remain silent and to legal counsel • Arizona ignored 2 laws in prosecution. • Conviction was faulty • Deserved a new trial • Miranda was no stranger to police • signed the confession • prosecution was proper • The court should uphold his conviction

  8. The Virdict • Decided in 1966 • Landmark 5-4 decision • Miranda won

  9. Miranda Warning • It was for police investigators to read the suspects their rights. • States you have the right to remain silent. • They can only ask for specific information. • Miranda warning used in the Miranda v. Arizona case “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 speak to an attorney, and to have an attorney present during any questioning. If you cannot afford a lawyer, one will be provided for you at government expense.”

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