Miranda V Arizona

Topics: Miranda v. Arizona, United States Constitution, Lawyer Pages: 2 (480 words) Published: May 20, 2013
    Ernesto Miranda, a 22-year-old individual from Mesa, Arizona was a young man coming from a harsh childhood and who had obtained criminal record too early in his life.  Miranda was arrested on March 13, 1963 in Phoenix for the kidnapping and rape of 18-year-old Rebecca Ann Johnson.  His arresting officers, Carol Cooley and Wilfred Young, interrogated Miranda for two hours without informing him of his self-incrimination rights, or even his right to an attorney.  This unconstitutional act on behalf of the officers was not weighed in his first trial in District court.  Miranda's case was later appealed to the Arizona Supreme Court, and finally to the U.S. Supreme Court.      Miranda was convicted of kidnap and rape in his first trial.  Miranda's lawyer, Alvin Moore, was not present at Miranda's interrogation after the arrest, stripping him away of his Sixth Amendment "right to a counsel". One can imagine that Moore was not exactly elated to find that, dispite his oppositions, Miranda's written confession admitting his crimes was used as evidence against him in his trial. Having been already deprived of his Sixth  Amendment and self-incrimination right in the Fifth Amendment, Ernesto was then appealed to the Arizona Supreme Court. There, his conviction was upheld. Ernesto wrote a plea to the U.S. Supreme Court from prison requesting that his case be appealed to the higher court. The Supreme Court agreed to hear his case. It was there that Miranda's second trial was held. Miranda's lawyers made their argument that Miranda's Fifth and Sixth Amendment rights were violated, and that his trial back in Arizona was unjust. In the Fifth Amendment, it states that no one "shall be compelled in any criminal case to be a witness against himself", which was obviously violated when Miranda was not informed to his rights. The Sixth Amendment also states that every person accused of a crime has the "right to a counsel", which Miranda was also not informed of, nor did an attorney...
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