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Miranda vs. Arizona, 1966 Melanie Wagner and Sarah Rumon Period 4

Miranda Vs. Arizona

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Melanie Wagner and Sarah Rumon period4

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  • 1. Miranda vs. Arizona, 1966
    Melanie Wagner and Sarah Rumon
    Period 4

2. Basics of the Case
Ernesto Miranda
Arrested
Accused of kidnapping and rape
Interrogated and confessed
3. Constitutional Issues
Fifth Amendment: no personshall be compelled in any criminal case to be a witness against himself
Miranda claimed he was not informed of his fifth amendment rights
right to remain silent
the right to an attorney
4. Court Decision
Overturned, 5 to 4 in favor of Miranda
Chief Justice Earl Warren- concurring opinion
Dissenting opinion: weaken law enforcement
Justice John Marshall Harlan
Justice Tom C. Clark
Justice Potter Stewart
Justice Byron White
5. Lasting Impact
Miranda rights:
Right to remain silent

  • Miranda Warning

6. Self Incrimination Clause: No person shall be compelled in any criminal case to be a witness againsthimself. My client would like to plead the Fifth Amendment, Your Honor, and any other Amendment that you feel might be appropriate.
7. Questions About the Case
What other rights are protected by the 5th Amendment?
Do you believe the Self Incrimination Clause is important? Why or why not?
8. Bibliography
"Miranda vs. Arizona." U.S. Supreme Court Media Oyez. Web. 18 Feb. 2010. .
Classroom resource issued by Dr. Beach
"Self Incrimination Clause." Revolutionary War and Beyond. Web. 18 Feb. 2010. .