5th Amendment

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Jamie Payne Ms. Davenport March 2, 2010 G Period Miranda v. Arizona (1966) Ernesto Miranda had been living a somewhat poverish life in Phoenix,Arizona in the year of 1963. A woman had been kidnapped and raped. After she reported to the police, there had been a line up and she was able to identify Mr. Miranda. He was therefore arrested, charged with the two horrendous crimes, and questioned by police for an estimate of two hours. The officers who had been questioning Miranda had failed to inform him of his 5thamendment right which had protected him against self incrimination. During his interrogation, Miranda had written his confession to kidnapping and raping the young woman. His statement had also said he was aware of his rights so of course during his trial the prosecution had used his confession to get a conviction and put him away for 20 to 30 years for each count. Ernesto had appealed his case to the Arizona Supreme Court. Heand his attorney had argued that his confession was far from valid seeing as he had not been informed of his rights and that he hadn’t had an attorney present during his questioning. The officers who questioned him had openly admitted that they did not explain Ernesto Miranda’s rights to him at any time from his arrest to his interrogation. The state had given a good argument in that Miranda had been convicted of crime in his past years so that he clearly knew his rights. Because of this the Supreme Court of Arizona had denied the appeal to Ernesto and his conviction was not dropped. Before seeing the ruling of this case I had hoped that Ernesto Miranda would not be released from prison because of the violation of his Fifth Amendment right because he was clearly guilty. Not only did the woman he had taken advantage of identify him in the lineup, but the fact that he had been previously arrested simply gave it away he…...

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