Miranda v. Arizona
Mexican Immigrant Eighth grade drop out with a criminal record and pronounced sexual fantasies.
On March 13, 1963, Phoenix police went to his home and arrested him for the kidnap and rape of a mildly retarded 18-year-old woman.
5th & 6th Aamendment
Protects from self-incrimination and gives everyone the right to an attorney.
Ernesto was arrested and questioned withouth being informed of these rights and no lawyer was present at the time questioning.
Violation of Rights
Ruled in his favor since 5th and 6th amendment rights were violated. 5th amendment states that criminal suspect has the right to refuse to be a witness against himself (self-incrimination) 6th amendment guarantees the defendants to the right to an attorney
He was tried again without the confession and was convicted to serve 11 years before he was paroled in 1972
Supreme Court Decision
Ruled 5-4 in favor of Miranda His confession was not used because the arresting officers did not inform him of his right to an attorney and self-incrimination