Thursday, May 28, 2009

Facts of the case

Miranda versus Arizona.

Ernesto Miranda was arrested for robbery in March of 1963. Without having a lawyer present, "While in police custody he signed a written confession to the robbery, and to kidnapping and raping an 18-year-old woman 11 days before the robbery" (http://www.thecapras.org/mcapra/miranda/rights.html). At his trial, the lawyers used his admitted information against him to incriminate him. The problem was that while he was being interrogated by the police, he had not been informed of his right to have counsel before he answered any questions.
In trial, he was convicted of kidnapping and rape and got sentenced 20 to 30 years for each charge. His court-appointed attorney, John Flynn, appealed the case to the Arizona Supreme Court. The Court agreed with the sentencing and stressed the fact that Ernesto Miranda did not request an attorney and gave his admissions freely. There were many other cases in which the defendant or suspect had been interrogated by the police without being notified of their right to counsel such as Vignera v. New York, California v. Stewart , and Westover v. United States (http://www.oyez.org/cases/). The case was taken to the U.S. Supreme Court on the basis that the police took the individuals into interrogation without notifying them of their right to counsel or informing them of self-incrimination, violating part of the Fifth Amendment which states the right not to testify against one’s self (self-incrimination) (caselaw.findlaw.com/data/constitution/amendment05/).

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