-

It's the anniversary of the 1966 SCOTUS ruling in favor of Ernesto Miranda in Miranda v. Arizona.

Miranda was arrested at his home and taken in custody to a police station where he was identified by the complaining witness. He was then interrogated by two police officers for two hours, which resulted in a signed, written confession. At trial, the oral and written confessions were presented to the jury. Miranda was found guilty of kidnapping and rape and was sentenced to 20-30 years imprisonment on each count. 

His complaint that these actions violated the Fifth Amendment protection against self-incrimination were dismissed by the Arizona Supreme Court, but on appeal SCOTUS ruled:

“the prosecution may not use statements, whether exculpatory or inculpatory, stemming from custodial interrogation of the defendant unless it demonstrates the use of procedural safeguards effective to secure the privilege against self-incrimination. By custodial interrogation, we mean questioning initiated by law enforcement officers after a person has been taken into custody or otherwise deprived of his freedom of action in any significant way.”

In Miranda, the Court held that a defendant cannot be questioned by police in the context of a custodial interrogation until the defendant is made aware of the right to remain silent, the right to consult with an attorney and have the attorney present during questioning, and the right to have an attorney appointed if indigent.

These warnings stem from the Fifth Amendment privilege against self-incrimination and the 6th Amendment right to an attorney

Without a Miranda warning or a valid waiver of the Miranda rights, statements made may be inadmissible at trial under the exclusionary rule, which prevents a party from using evidence at trial which had been gathered in violation of the Constitution.

After Miranda's release, he started selling autographed Miranda warning cards for $1.50. Over the next few years, Miranda was arrested numerous times for minor driving offenses and eventually lost his license. He was arrested for the possession of a gun but the charges were dropped. However, because this violated his parole, he was sent back to prison for another year.

On January 31, 1976, after his release for violating his parole, a fight broke out in a bar in downtown Phoenix in which Miranda was stabbed. He was pronounced dead on arrival at Good Samaritan Hospital. Several Miranda cards were found on his person.






Comments

Post a Comment

Popular posts from this blog

-
Image
 Was George Washington sterile? Today marks the 1731 birth of Martha Dandridge Custis Washington, our first "First Lady", although the term was not in use at the time.  She married for the first time at age 19 to Daniel Parke Custis who was almost 20 years her senior.  During their seven year marriage which ended with his death, Martha gave birth to four children, two survived to adulthood. Custis' death left Martha a very wealthy widow.  On her own she managed five plantations that were left to her, with 300 slaves and the equivalent of $4,000,000 in today's money.  And she apparently negotiated with her British factors in an able manner. Unlike the matronly, frumpish image we have of Lady Washington today, contemporary accounts demonstrate the 28 year old whom Washington (and others) courted to be attractive and lively.  Since early colonial days, in New England love was considered to be a necessary prerequisite for marriage.  Not so in Virginia wher...
Read more
-
Image
  At six o’clock in the evening on July 23, 1914, nearly one month after the assassination of Franz Ferdinand   and his wife by a young Serbian nationalist in Sarajevo, Bosnia, the ambassador of the Austro-Hungarian Empire to Serbia, delivered an ultimatum to the Serbian foreign ministry. Acting with the full support of its allies in Berlin, Austria-Hungary had determined in the aftermath of Franz Ferdinand’s assassination to pursue a hard-line policy towards Serbia. Their plan, developed in coordination with the German foreign office, was to force a military conflict that would, Vienna hoped, end quickly and decisively with a crushing Austrian victory before the rest of Europe—namely, Serbia’s powerful ally, Russia—had time to react. On receipt of the ultimatum, Serbia at once appealed to Russia, whose council of ministers met on July 24 to determine a course of action. Russian Foreign Minister Sergey Sazonov voiced his belief that Germany was using the crisis over the archdu...
Read more
-
Image
  Professor Thaddeus Lowe was born August 20 in 1832. During the Civil War, Lowe became "Chief Aeronaut" for the U.S. Army after he ascended into the air above Washington to demonstrate for President Lincoln the usefulness of tethered observational balloons for map making, artillery spotting, and observing enemy movements. Lowe was just one of many accomplished balloonists to demonstrate the technology's usefulness, but by the end of the summer he took over the position from John Wise. Under Lowe, the Balloon Corps made over 3,000 ascensions and supported numerous campaigns. It disbanded in 1863 due to financial and personnel problems, but left its legacy as the first U.S. air force.
Read more