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Miranda VS Arizona
Transcript of Miranda VS Arizona
Reason For Arrest
A guy named Miranda was arrested at his home in Arizona . He was arrested for rape and kidnapping.
He was interrogated for two hours until he signed a confession. This confession will be used in the court.
Read His Rights
At no point was Miranda read his rights. So when he wrote down his confession he did not know that it could be used against him in court.
Miranda's lawyer objected to the written confession because it was not truly voluntary and should not be included. This objection was overruled .
In the trial they gave the oral and written confession and he was found guilty to rape and kidnap. He was sentenced to twenty to thirty years in prison.
Miranda's layer filed an appeal to the Arizona Supreme Court saying Miranda's confession should have been admitted to the court proceedings.
Amendments That Were Invitation
The court said that the confession couldn't be submitted into the trial under the fifth amendment. Under the sixth amendment the person had the right to an attorny unless they were aware of their rights and didn't want one.
Amendments That Were Invitation: Continued
Before the interrogation the person in custody must be informed that he or she has the right to remain silent, anything he or she says can be held against them, and has the right to a lawyer.
If a Lawyer Is Requested
If the victim requests the presence of a lawyer no more further questioning or interrogating can occur until a lawyer is present.
Fair Or Unfair
The decision of the case was fair because they overruled his confession. Also he was fairly charged because he did do the crime and had to go to jail.