Melanie Wagner and Sarah Rumon period4

1. Miranda vs. Arizona, 1966 Melanie Wagner and Sarah Rumon Period 4

2. Basics of the Case Ernesto Miranda Arrested Accused of kidnapping and rape Interrogated and confessed

3. Constitutional Issues Fifth Amendment: “no person…shall be compelled in any criminal case to be a witness against himself…” Miranda claimed he was not informed of his fifth amendment rights right to remain silent the right to an attorney

4. Court Decision Overturned, 5 to 4 in favor of Miranda Chief Justice Earl Warren- concurring opinion Dissenting opinion: weaken law enforcement Justice John Marshall Harlan Justice Tom C. Clark Justice Potter Stewart Justice Byron White

6. Self Incrimination Clause: “No person… shall be compelled in any criminal case to be a witness against himself.” “My client would like to plead the Fifth Amendment, Your Honor, and any other Amendment that you feel might be appropriate.”

7. Questions About the Case What other rights are protected by the 5th Amendment? Do you believe the Self Incrimination Clause is important? Why or why not?

8. Bibliography "Miranda vs. Arizona." U.S. Supreme Court Media Oyez. Web. 18 Feb. 2010. <http://oyez.org/cases/1960-1969/1965/1965_759>. Classroom resource issued by Dr. Beach "Self Incrimination Clause." Revolutionary War and Beyond. Web. 18 Feb. 2010. <http://www.revolutionary-war-and-beyond.com/self-incrimination-clause.html>.