1. Miranda V. Arizona By: Elise Kloppenburg

2. Facts of the Case Phoenix, Arizona 1963 Ernesto Miranda, 23 years old Arrested in his home Taken to the police station Identified by the victim Taken into an interrogation room ** Miranda was never told of his rights to counsel prior to questioning ** The law enforcement quickly obtained a signed confession from Miranda. In the confession is clearly stated: Miranda was fully aware of his rights and he had waived those rights Preliminary Hearing: again did not have counsel Trial: He DID have a lawyer -It was to late at that point -Lawyer attempted to get the signed confession thrown out -He was convicted and sent to jail for 20 years -Kidnap & rape

3. Why Was This Case Brought to the Supreme Court? MIRANDA’S SIDE Miranda’s 5 th & 6 th amendment rights were ignored Escobedo Right: evidence obtained from an illegally obtained confession is inadmissible in court (these rules were ignored) Gideon Rule: Felony defendants have a right to an attorney The confession was illegally obtained and the conviction was not fair… he deserved a brand new trial ARIZONA’S SIDE Miranda had been in trouble with law before He was aware of the procedure Confession signed Conviction based upon Arizona law Supreme court should not become “involved” in Arizona police business

4. What Freedom or Right Was at Issue? - Miranda’s right to remain silent & his right to a legal counsel How & Why did the Supreme Court Decide the Case as it Did? -Arizona Supreme Court denied his appeal and kept the conviction -Because Miranda signed the confession stating he was aware of his rights -Court voted 5-4 in favor How did the Case Change how we Understand or Interpret the Constitution/Amendments? - Miranda v Arizona spelled out the rights of the accused and the responsibilities of the police. Today the Miranda Right are read upon arrest. - “You have the right to remain silent. Anything you say can and will be used against you in a court of law. You have a right to an attorney. If you cannot afford an attorney, one will be appointed for you.”