Miranda vs. Arizona1966

Background

Who: Ernesto Miranda

What: Accused of kidnapping and other crimes

Where: Phoenix, Arizona

When: 1960’s

Why: Miranda confessed to his crime after two hours of interrogation, having never been informed of his right to an attorney or the right to remain silent. Sentenced to 20-30 years.

Essential Question of the Case

Does interrogating criminal suspects without notifying them of their right to a lawyer and their protection against self-incrimination violate the Fifth Amendment?

The Supreme Court Hears the Case

Miranda’s conviction was overturned.

Interrogations can “overbear the will”

All suspects must be given the full opportunity to exercise the “privilege against self-incrimination”.

Interrogations may be halted until an attorney arrives.

So What?

What can happen to a suspect who proved that he/she was not informed of the Miranda rights when questioned by police?