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Fight

Essay by   •  December 6, 2010  •  330 Words (2 Pages)  •  1,055 Views

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In 1963, Ernesto Miranda was arrested for robbery, kidnapping and raping a young woman. After being arrested, Miranda was identified in a police line-up, interrogated by the officers, and signed a written confession without having a lawyer present. The case went to court and Miranda was found guilty with the damning evidence of his confession. Although he was declared guilty, Miranda appealed his case on the fact that he did not have a lawyer present or know his Fifth Amendment right, which protects against any confessions that could be used in a criminal prosecution or could lead to other evidence that might be used.

The case came before the Supreme Court under Chief Justice Earl Warren in 1966 because it dealt with the rights of criminals, and the issue of the way poor people were being treated by the police was an issue of concern. The Supreme Court argued from late February to early March. On June 13, 1966, the Court ruled in favor of Miranda and overturned his conviction with a 5-4 vote. Chief Justice Warren stated that:

"The person in custody must, prior to interrogation, be clearly informed that he has the right to remain silent, and that anything he says will be used against him in court; he must be clearly informed that he has the right to consult with a lawyer and to have the lawyer with him during interrogation, and that, if he is indigent, a lawyer will be appointed to represent him."

Chief Justice Warren also declared that:

"If the individual indicates in any manner, at any time prior to or during questioning, that he wishes to remain silent, the interrogation must cease ... If the individual states that he 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 present during any subsequent questioning."

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