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Miranda trial

On March 2,1963 it was a normal day at work for eight-teen year old Rebecca Johnson. Rebecca had just finished up her last duties at the movie theater's refreshment counter and left for the bus stop around 11:30 PM. She got off the bus at 12:10 and began her short walk home. On her walk, a car sharply pulled out of a driveway and almost hit her. A man jumped out of the car and grabbed her. The man threw Rebecca in the back seat of his car and tied her hands and feet together with rope. Then he drove to the Arizona desert where he raped her. Two hours later, the man returned Rebecca back to her neighborhood. She raced home and told her sister what had just happened. She detailed her night to the police also. Rebecca described the attacker and his car to the police. (3/7-11)

At first, the officers doubted whether Rebecca was telling the truth because her statements were sometimes inconsistent. On March 9, 1963 at about 11:45 PM, Rebecca's brother-in-law noticed a car matching his sister's description and he wrote down the license plate number. Four days later, detectives ran a check on the number that was giving to them by Rebecca's brother-in-law, which lead to a car matching Rebecca's description indeed. The owner


In the Miranda decision, the Supreme Court decided to expand the Escobedo ruling, stating that the Fifth Amendment privilege against self-incrimination was available prior to criminal court proceedings and that a suspect must be told of the right to an attorney. After the decision, "suspects would be afforded the right to counsel in any situation in which freedom of action was curtailed in any significant way." The Supreme Court opinion went on to state that the defendant could waive or exercise these rights under the Miranda ruling at any time prior to or during questioning. (1/421-423) One result of the Miranda ruling has been the use of "warning cards" by police. This card has a specific warning to advise suspects of their rights.

of the car, Ernesto Miranda was taken into custody. That same day, at the police station, Rebecca picked out Miranda from a lineup. After being picked, Ernesto was sent to the interrogation room where Officer Cooley and Officer Young began questioning Miranda. (3/11-13) In the room, Ernesto was not told that he had the right to an attorney; and there is dispute as to whether he was told he had the right to remain silent. After a couple of hours of questioning, Miranda signed a confession.

The assistant attorney general who handled the appeals of the case of Miranda v. Arizona was Gary Nelson. Nelson had no objection to the United States Supreme Court hearing the Miranda case.

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Approximate Word count = 965
Approximate Pages = 4 (250 words per page double spaced)


  

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