Monday, October 26, 2009

5th Amendment - Miranda rights

Miranda v. Arizona
In 1963, Ernesto Miranda was arrested in Phoenix, Arizona for stealing $8 from bank worker and charged with armed robbery. He already had a record for armed robbery, and a juvenile record including attempted rape, assault, and burglary. 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. After the conviction, his lawyers appealed, on the grounds that Miranda did not know he was protected from self-incrimination.
The case, Miranda v. Arizona, made it all the way to the Supreme Court, where the conviction was overthrown. In a landmark ruling issued in 1966, the court established that the accused have the right to remain silent and that prosecutors may not use statements made by defendants while in police custody unless the police have advised them of their rights, commonly called the Miranda Rights. The case was later re-tried, Miranda was convicted on the basis of other evidence, and served 11 years. He was paroled in 1972, and died in 1976 at the age of 34, after being stabbed in a bar fight. A suspect was arrested but chose to excercise his right to remain silent, and was released.

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