Miranda V. Case Study

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FACTS: Ernesto Miranda was a Mexican immigrant living in Phoenix, Arizona. Miranda was picked out of a police lineup by a woman who accused him of kidnapping and raping her. Police questioned Miranda for two hours until he confessed to the crimes. Police never told Miranda about his Fifth and Sixth Amendment rights during the interrogation. The case went to court and Miranda's confession was used against him. Miranda was convicted and sentenced to twenty to thirty years in prison. Miranda's attorney appealed to the Arizona Supreme Court, they affirmed. He then appealed to the United States Supreme Court and they decided to hear the case.

ISSUE: When police interrogate individuals without notifying them of their right to counsel and protection against …show more content…

RULE: The fifth amendment states, “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, or in the Militia, when in actual service in time of war or public danger; nor shall any person be subject for the same offense to be twice put in jeopardy of life or limb; nor shall be compelled in any criminal case to be a witness against himself/herself, nor be deprived of life, liberty, or property, without due process of law; nor shall private property be taken for public use, without just compensation.” (www.constitution.findlaw.com) The sixth amendment states, “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.” (www.constitution.findlaw.com)

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