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Miranda V. Arizona

384 U.S. 436, 86 S. Ct. 1602, 16 L.Ed.2d 694 (1966)

Ernesto Miranda was arrested for kidnapping and rape. The victim identified Miranda in a police lineup. After two hours of interrogation room, the police come forward with a signed confession from Miranda. He was convicted and sentenced to 20-30 years. Police did not inform Miranda of 5th amendment right against self-incrimination and of his 6th amendment right to attorney. Miranda confessed in writing to the crimes

The officers admitted at trial that Miranda was not advised that he had a right to have an attorney present. At his trial before a jury, the written confession was admitted into evidence over the objection of defense counsel, and the officers testified to the prior oral confession made by Miranda during the interrogation. Miranda was found guilty of kidnapping and rape. He was sentenced to 20 to 30 years' imprisonment on each count, the sentences to run concurrently.

Miranda appealed case to Arizona Supreme Court


The prosecution may not use statements, whether exculpatory, stemming from custodial interrogation of the defendant unless it demonstrates the use of procedural safeguards effective to secure the privilege against self-incrimination. By custodial interrogation, we mean questioning initiated by law enforcement officers after a person has been taken into custody or otherwise deprived of his freedom of action in any significant way. As for the procedural safeguards to be employed, unless other fully effective means are devised to inform accused persons of their right of silence and to assure a continuous opportunity to exercise it, the following measures are required. 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. The defendant may waive effectuation of these rights, provided the waiver is made voluntarily, knowingly and intelligently. If, h

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Approximate Word count = 699
Approximate Pages = 3 (250 words per page double spaced)


  

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