Miranda Vs. Arizona

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Ernesto Miranda-vs.-Arizona: The Miranda Rights Warnings

In 1963, Ernesto Miranda was arrested in Phoenix, Arizona for armed robbery, kidnapping, and raping a slightly retarded eighteen-year-old woman. While he was in police custody he signed a written confession to the crime. After the conviction, his lawyers appealed on the grounds that Miranda did not know he was protected from self-incrimination (Gribben, 2001).

Does the police practice of interrogating individuals without notifying them of their right to counsel and their protection against self-incrimination violate the Fifth Amendment? The Fifth Amendment states, "No person shall he 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, nor be deprived life, liberty, and property without due process of law; nor shall private property be taken for public use without just compensation (Murphy, 2002).

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