Miranda+v.+Arizona

media type="youtube" key="q2UN8sGhAj8" width="425" height="350" =//**Miranda v. Arizona**// = Lucas Almeter, Jeffrey Couger, & Kurt Melendy


 * The Miranda v. Arizona trial was a defining moment for our legal system. It helped define the measures that must be taken by a police officer when a suspect is taken into custody- in the form of The Miranda Rights. The case itself was the basis for the reconciliation of our legal system, because of the measures used on the suspect Ernesto Miranda to attain information. **


 * [[image:grovesapush/image.jpg align="center" caption="Ernesto Mirianda"]] ||
 * Ernesto Mirianda ||


 * The Case was the centerpiece in a series of trials that led to the estblishment of verbal awarness of the __suspects__ rights. These rights include: **
 * "You have the right to remain silent. Anything you say can and will be used against you in a court of law. You have a right to an attorney. If you cannot afford an attorney, one will be appointed for you.” **

The Overview: 1. The Case Title was Miranda v. Arizona

2.The charge was put into effect in March of 1963 and the date of the hearing was in 1966.

3.Chief __justice__ Earl Warren – born on March 19, 1891 and lived with his father, at the age of three his father was murdered and the killer was never found. Warren attended the University of California and graduated from there in 1912. He then attended the law school attached to the University of California, known as Boalt Hall, graduating in 1914. After graduating, he became a lawyer for an oil company. When WWI came around Warren became enrolled. After the war was over, he returned back to California and served as a counsel for several years and then later was appointed to fill the remainder of the team of the departed district attorney in 1925. He won election as District Attorney in 1926, 1930, and 1934. In 1942, Warren became elected for the governor of California until 1953, when he became appointed to the Supreme Court **(by whom?)**. Warren’s first major case was the Brown v. Board of Education but, the Miranda v. Arizona case is his most recognizable case.

4.The case was relevant to the Constitution because it violated the Fifth **(what part of it?)** and (The governmental powers not listed in the Constitution for the national government are powers that the states, or the people of those states, can have - **isn't this the Tenth Amendment?** .) the Sixth (In all criminal prosecutions, the accused shall enjoy the right to a speedy and public trial) Amendments.

 5. The Miranda vs. Arizona case: Ernesto Miranda was convicted of kidnapping a girl and raping her. He was interrogated for hours; during the interrogation he was not told that he had the right to remain silent or that he had the right to an attorney- both basic Constitutional Rights. **(the right to an attorney was added after the Constitution in another recent case - the right to remain silent is part of the 5th Amendment)** The Case snow-balled into an entirely separate case; that was whether suspects should be informed of their Rights under the US Constitution or not after they were put under arrest. Finally they came to the conclusion that they should be told their rights under the US Constitution, once placed under arrest.

6.The main issue of the case was that Ernesto Miranda was unfairly forced to give information to the police because of a lack of understanding of his rights. Many people believed it was unfair that he was not informed of them- others did not. It is because of him that now when someone is put under arrest that they are told that " You have the right to remain silent. Anything you say can and will be used against you in a court of law. You have a right to an attorney. If you cannot afford an attorney, one will be appointed for you."

7. The Court voted to overturn Miranda's conviction by a 5-4 vote. **How did these guys vote?? On what grounds did four of the justices dissent?**

8. Chief Justice Earl Warren voted against the conviction of Ernesto Miranda because he believed that the evidence attained to convict the suspect was unfairly gathered. The justices therefore took that specific evidence out of the case, so there was not enough information to prove him guilty.

9. Justices and how long they had been on the court before the hearing.

<span style="color: #0000ff; font-family: Georgia,serif;">-Tom C. Clark 17 years <span style="color: #0000ff; font-family: Georgia,serif;">-John M. Harlan 11 years <span style="color: #0000ff; font-family: Georgia,serif;">- William J. Brennan Jr. 10 years <span style="color: #0000ff; font-family: Georgia,serif;">-Potter Stewart---8 years <span style="color: #0000ff; font-family: Georgia,serif;">-Byron R. White- 4 years <span style="color: #0000ff; font-family: Georgia,serif;">-Abe Fortas-- 1 year <span style="color: #0000ff; font-family: Georgia,serif;">-Hugo L. Black-- 29 years <span style="color: #0000ff; font-family: Georgia,serif;">-William O. Douglas--- 27 years <span style="color: #0000ff; font-family: Georgia,serif;">-Earl Warren13 years

<span style="color: #0000ff; font-family: Georgia,serif;">10. We believe the decision was correctly decided because of the preservation of rights. The People have rights for a reason, and if they are not informed of them there is no reason to have them at all- especially if the authorities take advantage of your lack of knowledge. **Why is this important today?**

<span style="color: #0000ff; font-family: Georgia,serif;">11.If the case had gone the other way, the police force may have been more effective, but we may have also seen repeated occurrences of the police taking advantage of peoples rights if they weren't informed. The entire legal system would not be the same, and the Miranda V. Arizona Case helped shape the legal system into what we know today.

<span style="background-color: #aaffaa; color: #880000; font-family: Georgia,serif;">Bibliography <span style="background-color: #aaffaa; color: #880000; font-family: Georgia,serif;">Arien, Michael. "Earl Warren." Michael Ariens. 2005. Web. 3 Feb. 2012. < http://www.michaelariens.com/ConLaw/justices/warren.htm >. <span style="background-color: #aaffaa; color: #880000; font-family: Georgia,serif;">Unknown. "Admissable Evidence." Miranda Rights. 2009. Web. 4 Feb. 2012. < http://www.mirandarights.org/ >.

<span style="background-color: #aaffaa; color: #880000; font-family: Georgia,serif;">Finding-Dulcinea Staff. "On This Day: Supreme Court Requires Police to Give âMirandaâ Warnings." FindingDulcinea | Online Guides | Internet Library | Web Resources. 13 June 2009. Web. 2 Feb. 2012. < http://www.findingdulcinea.com/news/ on-this-day/May-June-08/On-this-Day--Supreme-Court-Requires-Police-to-Give--Miranda--Warnings.html>..

<span style="color: #880000; font-family: Georgia,serif;">"On This Day: Supreme Court Requires Police to Give âMirandaâ Warnings."//FindingDulcinea | Online Guides | Internet Library | Web Resources//. Web. 14 Feb. 2012. <http://www.findingdulcinea.com/news/on-this-day/May-June-08/On-this-Day--Supreme-Court-Requires-Police-to-Give--Miranda--Warnings.html>.

<span style="color: #880000; font-family: Georgia,serif;">//Miranda Rights//. Web. 14 Feb. 2012. <http://www.mirandarights.org/>.

<span style="color: #880000; font-family: Georgia,serif;">"Past U.S. Supreme Court Members — Infoplease.com." //Infoplease: Encyclopedia, Almanac, Atlas, Biographies, Dictionary, Thesaurus. Free Online Reference, Research & Homework Help. — Infoplease.com//. Web. 14 Feb. 2012. <http://www.infoplease.com/ipa/A0101281.html>.

<span style="color: #880000; font-family: Georgia,serif;">"Miranda v. Arizona (1966)." //Infoplease: Encyclopedia, Almanac, Atlas, Biographies, Dictionary, Thesaurus. Free Online Reference, Research & Homework Help. — Infoplease.com//. Web. 14 Feb. 2012. <http://www.infoplease.com/us/supreme-court/cases/ar23.html>.

<span style="color: #880000; font-family: Georgia,serif;">[] **Cite this one properly!**

SUPREME COURT OF THE UNITED STATES,. "Legal Information Institute." // Miranda v. Arizona CERTIORARI TO THE SUPREME COURT OF ARIZONA //. Cornell University, 1993. Web. 14 Feb 2012. []. **6/7 Biblio -- good, but alphabetize this puppy!** **24.5/28 - Content - good use of the video and intro. Needs more explanation near the end. It feels like the rationale and your opinions weren't given enough time.** **5/5 Organization - Good job.** **35/40 Total**

= = = = = = = = = = = = = = = = <span style="color: #880000; font-family: Georgia,serif;">Hey Erybuddy