Miranda vs. Arizona Right to Remain Silent. 1) Landmark Case: “Miranda vs. Arizona”
Transcript of Miranda vs. Arizona Right to Remain Silent. 1) Landmark Case: “Miranda vs. Arizona”
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Miranda vs. Arizona
Right to Remain Silent
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1) Landmark Case: “Miranda vs. Arizona”
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2) Landmark Case: “Miranda vs. Arizona”
• Ernesto Miranda was a poor Mexican immigrant who lived in Arizona in 1963. He was arrested after a woman identified him in a police lineup.
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3) Landmark Case: “Miranda vs. Arizona”
• Miranda was charged with rape and kidnapping
• Police asked him questions about the crime for two hours.
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4)Landmark Case: “Miranda vs. Arizona”
• In the United States, people who are accused of crimes have certain constitutional rights
• 5th Amendment- says they have the right to be silent
• 6th Amendment- says they have the right to a lawyer to help defend themselves
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5) Landmark Case: “Miranda vs. Arizona”
• The police did not tell Miranda that he had these rights when they arrested him.
• After the police were finished asking Miranda questions, he signed a confession, which also stated that he acknowledged his rights.
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6) Landmark Case: “Miranda vs. Arizona”
• The police used his confession in the trial and Miranda was convicted of the crime. The judge decided he should serve 20 to 30 years in prison for each crime.
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7) Landmark Case: “Miranda vs. Arizona”
• Miranda appealed his case to the highest court in Arizona.
• His attorney argued the confession should not have been used as evidence because;
Miranda had not been informed of his rights,
and no attorney had been present to assist him during his interrogation.
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8) Landmark Case: “Miranda vs. Arizona”
• The Arizona Supreme Court denied his appeal and upheld Miranda's conviction.
• The Supreme Court of the United States agreed to hear Miranda's case. The decision in Miranda v. Arizona was handed down in 1966.
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9) Supreme Court rules in favor of Miranda; his conviction is overturned
• Supreme Court said:• Miranda was NOT
read his rights by the officers
• No attorney (lawyer) was present while he was being interrogated (questioned) by police because Miranda was never told he had the right to a lawyer
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10. Miranda vs. Arizona ruling led to Miranda Rights
• Police officers have to read Miranda rights out loud to anyone being arrested and/or interrogated (questioned by police)
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Gideon vs. Wainwright
Right to a Lawyer
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Sixth Amendment Review:
• People have a right to legal representation if they cannot afford it.
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1. Fact of the Case:
• 1961: Police arrest Clarence Gideon for breaking into a pool hall and stealing money from the cigarette machine.
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2. Facts of the Case:
• Gideon cannot afford a lawyer and the judge does not give him one. He defends himself in court and is found guilty. He is sentenced to five years in prison.
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3. Facts of the Case:
• Gideon writes an appeal to the Supreme Court himself. He says his 6th amendment right was violated
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4. Facts of the Case:
• Court said that states must provide free lawyers to defendants in all serious criminal cases.
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Other Names for a Lawyer:
•Attorney•Legal counsel
•Public Defender