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Miranda v. Arizona

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BC: "5th Amendment of Bill of Rights." Qoop. Qoop, 2012. Web. 11 May 2012. . "Background." Turning Some Drama. N.p., n.d. Web. 11 May 2012. . "Chief Justice Earl Warren puts his mark on the Court and the country." National Constitution Center. National Constitution Center, 2006. Web. 21 May 2012. . "Expert Witness ." Ask Consulting Engineers. N.p., n.d. Web. 21 May 2012. . "Georgia Studies Images." Georgia Info. Digital Library of Georgia , 2012. Web. 11 May 2012. . "Miranda v. Arizona." Wikipedia. Wikimedia Foundation, Inc., 24 Apr. 2012. Web. 22 May 2012. . Miranda v. Arizona: Rights of the Accused. Miranda v. Arizona: Rights of the Accused. By Gail Blasser Riley. N.p.: Enslow Publishers, Inc., 1994. N. pag. Barnes & Noble. N.p., n.d. Web. 4 May 2012. . "1966." UPI. United Press International, Inc, 2012. Web. 21 May 2012. . "Omnibus Crime Control and Safe Streets Act of 1968." Wikipedia. Wikimedia Foundation, Inc., 23 Mar. 2012. Web. 22 May 2012. . Riley, Gail Blasser. Miranda v. Arizona. Berkeley Heights, NJ: Enslow Publishers, 1994. Print.

1: Table of Contents: Ernesto Miranda's Criminal Background pg. 2-3 Court Case Background pg. 4-5 The Fifth & Sixth Amendment pg. 6-7 Beginning of the Trial pg. 8-11 The Supreme Court pg. 12-13 The Ruling pg. 14-15 Aftermath pg. 16-23

2: 1954: first arrested in the eighth grade put on probation for auto theft and dropped out of school half a year later 1955: arrested for burglary and served a sentence in the Arizona State Industrial School of Boys December of 1955: arrested for rape and assault- served one year 1956-1961: convicted and imprisoned in AZ, CA, TX, TN, OH 1962: committed crimes against women in Phoenix, AZ including rape, kidnap and robbery (the exact number will never be known.) | Ernesto Miranda's Criminal Background

3: Miranda stole cars because he "was too lazy to work."

4: Court Case Background | March 3, 1963: Miranda kidnapped Rebecca Ann Johnson, 18 years old, outside of a bus stop. He raped her and dropped her off in her neighborhood 2 hours later. March 13: A car matching the description given by Johnson was reported to the police and Miranda was taken into custody shortly after. Johnson was unable to pick Miranda out of a line up. He was held after for interrogation and signed a confession after about 2 hours.

6: The Fifth & Sixth Amendment | Originally, the Fifth Amendment privilege against self-incrimination and the Sixth Amendment right to an attorney at trial originally applied only to criminal cases in federal courts. The accused were not protected on a state level. Eventually, the Fourteenth Amendment was used to apply the Fifth and Sixth amendments to a state level through the incorporation doctrine, but police were lax about enforcing them.

8: Beginning of the Trial | June 1963: The State of Arizona v. Ernesto Miranda began. Alvin Moore, a court appointed lawyer, defended Miranda. The defense first attempted to prove that Ernesto was insane and asked the court for 2 psychiatrists to examine him. Neither found Miranda insane. Moore then objected to the confession being used as evidence, citing the Sixth Amendment. The only previous ruling stated that a defendant had the right to a lawyer at the time of the trial, but no decision had been made by the Supreme court which provided the rights Moore spoke of. The judge allowed the confession to be used as evidence and overruled Moore’s objection.

9: "Miranda knew the nature and consequences of his acts," the psychiatrist stated. | Miranda's objection: "We object because the Supreme Court of the United States says a man is entitled to an attorney at the time of his arrest."

10: The interrogating officers Cooley and Young testified regarding the confession and admitted that no listing of rights had occurred. They said that Miranda already knew his rights because he was an ex-convict. Miranda was sentenced to 20-30 years in prison and began serving time at the Arizona State Prison Farm. His case was appealed and he spent almost a year and a half in jail before the American Civil Liberties Union became involved in his case. Robert Corcoran was chosen to represent Miranda in the appeal to the Supreme Court in an effort to expand the rights of the accused in America. While Ernesto was in jail, the Escobedo case went to court and ruled that the suspect had the right to a requested attorney during questioning. | Continued...

12: The Supreme Court | Lawyers John Flynn and John Frank volunteered to take the Miranda Case and decided to base the appeal on the Sixth Amendment right to counsel. The lawyers argued that "persons so unaware of their rights" deserve access to these rights, despite their lack of knowledge. They said that Miranda's life "was for all practical purposes over" when he left the interrogation room and that appointing an attorney after was "meaningless." If he has the right to counsel, it should be presented at the most crucial time of the trial.

13: John Flynn with Ernesto Miranda | The final argument used to defend Miranda was the basic principles of Powell v. Alabama: "he requires the guiding hand of counsel at every step in the proceedings against him."

14: The Ruling | "Prior to any questioning, the person must be warned that he has a right to remain silent, that any statement he does make may be used as evidence against him, and that he has a right to the presence of an attorney, either retained or appointed." | Now, the "Miranda warning" is a routine procedure for police.

15: Chief Justice Earl Warren | -

16: Aftermath | February 15, 1967: Miranda's second trial began. Rebecca Ann, the original victim that identified Miranda's voice after the interrogation, testified again, but it was Twilia Hoffman's testimony that ultimately landed Ernesto behind bars again. She was the mother of his child and had been living with Ernesto at the time of this crime. Hoffman told the court that Miranda confessed to the crime when she visited him in jail. He had told her that he had tied the victim up, taken her to the desert, and raped her.

17: Miranda was sentenced to 20 to 30 years in prison. Miranda was released for parole on a split vote in 1975 and was unable to find employment as a barber because the law would not allow a barber's license to be issued to a person with a criminal record. He went to work at a tire company and sold autographed Miranda warning cards to supplement his income.

18: January 31, 1976: Miranda was stabbed twice over three dollars in a card game. He was 35 when he was pronounced dead in the emergency room at Good Samaritan Hospital in Phoenix.

19: Ever since the Miranda ruling, United States police departments are now required to inform arrested persons of their rights, called the Miranda warning. Many American police departments have pre-printed Miranda waiver forms that a suspect must sign and date if an interrogation is going to occur.

20: Similar cases | an armed robber a stick-up-man a bank robber all either made plea bargains to lesser charges or were found guilty again, even with the exclusion of their confessions

21: President Richard Nixon, among other conservatives, thought that the ruling would cause an increase in crime and wanted to appoint judges who would exercise judicial restraint. Supporters of law enforcement thought that the decision gave a negative view of police officers.

22: New provision in the Omnibus Crime Control and Safe Streets Act of 1968 in response to complaints that Miranda warnings let too many criminals go free. | It directed federal judges to admit criminal defendants' statements if they were made voluntarily, whether or not the Miranda warnings were given.

23: was not ruled on for another 30 years | Other subsequent decisions have seemed to grant exceptions to the miranda warning, which undermine its claim to be a necessary proposition of the fifth amendment

24: Many thought that the Miranda Ruling would cause "fewer crimes to be solved, even fewer crimes to be prosecuted." On the contrary, many criminals confessed to their crimes even after being fully informed of their rights to receive relief from their guilt.

25: Multiple studies by both supporters and opponents of the Miranda decision concluded that giving the miranda warning has little effect on whether a suspect agrees to speak to the police without an attorney.

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