Miranda v. Arizona

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Miranda v. Arizona,

U.S. Supreme Court case (1966) in the area of due process of law (see Fourteenth AmendmentFourteenth Amendment,
addition to the U.S. Constitution, adopted 1868. The amendment comprises five sections. Section 1

Section 1 of the amendment declares that all persons born or naturalized in the United States are American citizens and citizens of their state
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). The decision reversed an Arizona court's conviction of Ernesto Miranda on kidnapping and rape charges. Identified in a police lineup, Miranda had been questioned, had confessed, and had signed a written statement without being told that he had a right to a lawyer; his confession was used at trial. In overturning Miranda's conviction, Chief Justice Earl WarrenWarren, Earl,
1891–1974, American public official and 14th chief justice of the United States (1953–69), b. Los Angeles. He graduated from the Univ. of California Law School in 1912. Admitted (1914) to the bar, he practiced in Oakland, Calif.
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 held that the prosecution may not use statements made by a person in police custody unless certain minimum procedural safeguards were in place. Before questioning, a person must be given what is now known as a "Miranda warning": that you have the right to remain silent; that anything you say may be used as evidence against you; that you may request the presence of an attorney, either retained by you or appointed by the court; and that you have the right, even after beginning to answer questions, to stop answering or request an attorney. The Miranda decision was one of the most controversial of the Warren Court. Under Chief Justices Warren BurgerBurger, Warren Earl,
1907–95, American jurist, 15th chief justice of the United States (1969–86), b. St. Paul, Minn. After receiving his law degree in 1931 from St.
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 and William RehnquistRehnquist, William Hubbs
, 1924–2005, American public official, 16th chief justice of the U.S. Supreme Court (1986–2005), b. Milwaukee, Wis., as William Donald Rehnquist. After receiving his law degree from Stanford Univ.
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 (who as a legal spokesman for the Nixon administration had proposed that Miranda be overturned), a Supreme Court more friendly to police operations limited its scope several times, although failing to reverse its central holding, and in 2000 the Rehnquist court, in an opinion authored by the chief justice, reaffirmed the original decision as a constitutional rule that may not be overturned by an act of Congress. Under a 2010 Supreme Court ruling, when a person has invoked Miranda rights, law-enforcement officials may attempt to resume questioning without a lawyer present 14 days after that person has been released from custody. Civil liberties groups have continued to protest that police routinely omit Miranda warnings.
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References in periodicals archive ?
Arizona, 384 U.S. 436 (1966) before he made the statements he claims should have been suppressed.
Arizona, 384 U.S. 436 (1966) or that he was free to leave and return to his regular cell.
Arizona, 384 U.S. 436, 479 (1966); United States v.
Arizona, 384 U.S. 436, 444 (1966) ("As for the procedural safeguards to be employed, unless other fully effective means are devised to inform accused persons of their right of silence and to assure a continuous opportunity to exercise it, the following measures are required.
Arizona, 384 U.S. 436, 468 (1966); Salinas, 133 S.Ct.
(1.) See 384 U.S. 436, 444 (1966) (holding suspect must receive warning of right to remain silent prior to questioning); see also U.S.
Arizona, 384 U.S. 436, 467 (1966) (establishing that criminal suspects should be informed of their rights against self-incrimination prior to police interrogation).
Arizona, 384 U.S. 436, 479 (1966) (privilege against compulsory selfincrimination).
Arizona, 384 U.S. 436, 445-46 (1966) (discussing unjust tactics used by law enforcement during interrogations); see also The National Commission On Law Observance And Enforcement Report On Lawlessness In Law Enforcement, Wickersham Report (1931) [hereinafter Wickersham Report] (detailing use of physical and emotional abuse by law enforcement to extract confessions from suspects).