By:By:

Christine BaumgartenChristine Baumgarten

Miranda v. ArizonaMiranda v. Arizona

Basic infoBasic info Four were picked.Four were picked.

Miranda v. ArizonaMiranda v. Arizona Vignera v. New YorkVignera v. New York Westover v. United StatesWestover v. United States Johnston v. New JerseyJohnston v. New Jersey

(added later) California v. Stewart(added later) California v. Stewart

February 28, 1966 February 28, 1966 The Question at hand: Should the police The Question at hand: Should the police

read out a suspect’s rights and make sure read out a suspect’s rights and make sure that a suspect has a counsel present?that a suspect has a counsel present?

The DefenseThe Defense

The main idea:The main idea:

Rights of the people: Police cannot Rights of the people: Police cannot violate people’s rights and lawyers violate people’s rights and lawyers must be present to tell people their must be present to tell people their rightsrights

The DefenseThe Defense Miranda’s Lawyer said,Miranda’s Lawyer said,

““Under the facts and circumstances in Miranda, Under the facts and circumstances in Miranda, of of a a man of limited educationman of limited education, of a man , of a man who certainly is mentally abnormal, who is, who certainly is mentally abnormal, who is, certainly, an indigent, police certainly, an indigent, police at the very at the very least had an obligation to extend least had an obligation to extend to this to this man, not only his clear 5man, not only his clear 5thth Amendment right, Amendment right, but to accord him the right of counsel”but to accord him the right of counsel”

““After the two-hour interrogation, the After the two-hour interrogation, the mere mere formality of supplying counselformality of supplying counsel to Ernest to Ernest Miranda at the time of trial…would be noting Miranda at the time of trial…would be noting more than more than a mockery a mockery of his 6of his 6thth Amendment Amendment right to be represented in court.”right to be represented in court.”

In his wordsIn his words

““I didn’t know whether I had a choice I didn’t know whether I had a choice [about going to the police station]. They [about going to the police station]. They said they couldn’t tell me anything.”said they couldn’t tell me anything.”

After two hours of questioning he After two hours of questioning he admitted committing the crime.admitted committing the crime.

He said the police told him the victim He said the police told him the victim picked him out of a lineup and that he picked him out of a lineup and that he “might as well admit to the crime.”“might as well admit to the crime.”

The ProsecutionThe Prosecution Duane R. Nedrud, acting for the National Duane R. Nedrud, acting for the National

District Attorneys’ AssociationDistrict Attorneys’ Association

A central issues:A central issues: Public Safety: There needs to be a balance Public Safety: There needs to be a balance

between the rights of the suspect and the between the rights of the suspect and the rights of the public to be securerights of the public to be secure

He said that limiting the use of confessions He said that limiting the use of confessions would take the most important piece of would take the most important piece of evidence from the policeevidence from the police

The ProsecutionThe Prosecution

He conceded that a suspect who asked for He conceded that a suspect who asked for a lawyer should be given one but, Nedrud a lawyer should be given one but, Nedrud said, said,

““I do not think we should effect I do not think we should effect encourageencourage him to have a lawyer.” him to have a lawyer.” [lawyers] “Prevent a confession from [lawyers] “Prevent a confession from being obtained.”being obtained.”

If I were the judgeIf I were the judge

The rights of the accused must be The rights of the accused must be upheld; therefore, I would follow upheld; therefore, I would follow what had been decidedwhat had been decided

Chief Justice Earl WarrenChief Justice Earl Warren

ResultsResults

The police must read off a suspect’s The police must read off a suspect’s rights before interrogating him or rights before interrogating him or her. Failure to do so may result in the her. Failure to do so may result in the suspect getting to walk free.suspect getting to walk free.

The court is trying to make sure that The court is trying to make sure that even the accused has rights, that we even the accused has rights, that we are all equal under the law.are all equal under the law.

You have the right to remain silent. You have the right to remain silent.

Anything you say can and will be used Anything you say can and will be used

against you in a court of law. You have against you in a court of law. You have

the right to talk to a lawyer and have the right to talk to a lawyer and have

him present while you’re being him present while you’re being

questioned. If you cannot afford to hire a questioned. If you cannot afford to hire a

lawyer, one will be appointed to lawyer, one will be appointed to

represent you before any questioning, if represent you before any questioning, if

you wish.you wish.

Miranda RightsMiranda Rights

Effect on society Effect on society

The main effect is now all police The main effect is now all police must read a suspect their Miranda must read a suspect their Miranda RightsRights

If not it means a suspect’s confession If not it means a suspect’s confession can be thrown out can be thrown out

IronyIrony

On January 31, 1976 a fight broke On January 31, 1976 a fight broke out. Miranda was killed from a knife out. Miranda was killed from a knife wound.wound.

Police read the suspect his rightsPolice read the suspect his rights He choose to remain silent and fled He choose to remain silent and fled

to Mexico.to Mexico.

BibliographyBibliography

Books:Books:

Gold, Susan Dudley. Gold, Susan Dudley. Miranda v, Arizona Miranda v, Arizona (1966) Suspects' Rights(1966) Suspects' Rights. Markham, . Markham,      Ontario: Fitzhenry and Whiteside      Ontario: Fitzhenry and Whiteside Ltd., 1995.Ltd., 1995.

Web:Web:

http://en.wikipedia.org/wiki/http://en.wikipedia.org/wiki/Ernesto_Miranda#Life_after_Miranda_v.Ernesto_Miranda#Life_after_Miranda_v._Arizona_Arizona

BibliographyBibliography

Images:Images: http://www.fbi.gov/publications/leb/http://www.fbi.gov/publications/leb/

2005/june2005/june05leb.htm2005/june2005/june05leb.htm http://pro.corbis.com/search/http://pro.corbis.com/search/

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http://www.mnhs.org/library/tips/http://www.mnhs.org/library/tips/history_topics/122warren_burger.htmlhistory_topics/122warren_burger.html