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Melanie Wagner and Sarah Rumon period4
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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
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. .