MIRANDA VS ARIZONA1966

Chief Justice Warren’s handwritten notes about the case.

http://www.loc.gov/exhibits/treasures/trr038.html

HOW IT STARTED

When an 18 year old girl was raped in

1963 a man named Ernesto Miranda was

arrested after his girlfriend’s car was

identified as the one used by the rapist.

http://www.thecapras.org/mcapra/miranda/rights.html

1963During two-hours of questioning, Mr. Miranda, who was never offered a lawyer, confessed to kidnapping and raping an 18-year-old woman 11 days earlier.

http://pinoytutorial.com/lifebytes/ernesto-miranda-and-the-miranda-warning-amendment/

IDENTIFIED IN A LINE UP?

http://www.thecapras.org/mcapra/miranda/rights.html

The victim did not positively identify Miranda but said that he bore the closest resemblance to her attacker.

MIRANDA WAS NO STRANGER TO POLICE•His first criminal offense had been in the eighth grade.•He’d spent time in reform school and prison.•He’d been arrested for crimes in California, Texas, Tennessee, and Arizona.•He even spent time in jail while in the army and had been dishonorably discharged,

http://www.roitz.com/Page_1.html

THE CONFESSIONThe confession had a paragraph typed at the top which stated the confession was made "with full knowledge of my legal rights, understanding any statement I make may be used against me."

http://www.findagrave.com/cgi-bin/fg.cgi?page=gr&GRid=10165

THE TRIAL -At trial, no evidence was presented that Miranda had ever been told that he did not have to talk to police or that he had the right to a lawyer.  The defense objected to letting the jury see the confession, but the judge overruled the objection.

http://pinoytutorial.com/lifebytes/ernesto-miranda-and-the-miranda-warning-amendment/

THE VERDICTThe jury found Miranda guilty of kidnapping and rape.  He was sentenced to 20 to 30 years on each of the two counts, to be served concurrently.

http://law.jrank.org/pages/3105/Ernesto-Miranda-Trials-1963-1967.html

THE APPEALMiranda's attorneys

appealed. First unsuccessfully to

the Arizona Supreme Court, and

next to the U.S. Supreme Court.

http://law.jrank.org/pages/3105/Ernesto-Miranda-Trials-1963-1967.html

JUNE 1966On June 13, 1966, the U.S. Supreme Court, in deciding the case of MIRANDA v. ARIZONA, 384 U.S. 436 (1966), reversed the Arizona Court's decision, granted Miranda a new trial at which his confession could not be admitted as evidence, and established the "Miranda" rights of persons accused of crimes.http://www.trutv.com/

library/crime/notorious_murders/not_guilty/miranda/4.html

"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 be 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.

WHAT HAPPENED TO MIRANDA?Ernesto Miranda was given a

second trial at which his confession was not

presented. Based on the evidence, Miranda was again convicted of kidnapping and rape. He was paroled from

prison in 1972 having served 11 years.

http://www.trutv.com/library/crime/notorious_murders/not_guilty/miranda/4.html

AN IRONIC END TO HIS LIFE

In 1976, Ernesto Miranda, age 34, was stabbed to death in a fight. Police arrested a suspect who, after choosing to exercise his Miranda rights of silence, was released and fled to Mexico.

http://www.trutv.com/library/crime/notorious_murders/not_guilty/miranda/4.html

http://www.icue.com/portal/site/iCue/flatview/?cuecard=5210