Ashley Nine March 25, 2010 Period 7

 Poor living immigrant from Mexico living in Arizona.  He was charged with rape and kidnapping.  He was arrested when someone identified him in a police lineup.  Sentenced to years in prison.  He was not informed in his 5 th and 6 th amendment.

 Miranda confessed to his crimes that he was charged with.  He was not informed about 2 of his rights  5 th amendment: no person shall be compelled in any criminal case to be a witness against himself.  6 th amendment: in all criminal prosecutions, the accused shall enjoy the right to have the assistance of counsel for his defense  Arizona supreme court denied his appeal.

MIRANDAARIZONA  Violated his rights to remain silent and to legal counsel  Arizona ignored 2 laws in prosecuting Miranda.  Conviction was faulty  Deserved a new trial  Miranda was no stranger to police  He signed the confession  The prosecution was proper  The court should uphold his conviction

 It was for police investigators to read the suspects their rights.  States that you have the right to remain silent.  They can only ask for specific information.  Miranda warning used in the Miranda v. Arizona case “You have the right to remain silent. Anything you say can and will be used against you in a court of law. You have the right to speak to an attorney, and to have an attorney present during any questioning. If you cannot afford a lawyer, one will be provided for you at government expense.”

●Miranda was convicted in 1967, an served to years in jail ●Shortly after he got out, he retired. ●After release, he went back to his old neighborhood ●Made a living by autographing police officers “Miranda Cards” ●January 1976, he was stabbed to death during an argument in a bar.