1. Miranda vs. Arizona
1966

2. Background Who: Ernesto Miranda Where: Phoenix, Arizona
What: Accused of kidnapping and other crimes
When: 1960’s
Why: Miranda confessed to his crime after two hours of interrogation, having never been informed of his right to an attorney or the right to remain silent. Sentenced to years.

3. Essential Question of the Case
Does interrogating criminal suspects without notifying them of their right to a lawyer and their protection against self-incrimination violate the Fifth Amendment?

4. The Supreme Court Hears the Case
Miranda’s conviction was overturned.
Interrogations can “overbear the will”
All suspects must be given the full opportunity to exercise the “privilege against self-incrimination”.
Interrogations may be halted until an attorney arrives.

6. So What?
What can happen to a suspect who proved that he/she was not informed of the Miranda rights when questioned by police?