Ernesto Miranda Legal Brief

Legal Brief (About 2 pages)

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Paragraph #1: Facts of the case

Ernesto Miranda was born in March (1940) in Mesa, Arizona, he skipped class, often went to a

prison for teens after burgering, then later he went to California to join the army and start a new

life. On “March 2, 1963”, he pushed an 18 year old woman into the backseat of his car. He drove

her for 20 minutes, then he sexually assaulted her and robbed his victim as he did with 3 others.

He drove 20 blocks from her house and let her free. She ran home where her sister found her and

called the police.

Later he got 20 to 30 years in prison for assaulting and armed robbery. Later his

lawyer appealed to the United States Supreme Court of Arizona asking if he was given the rights

while being arrested. On June 13, 1966 their appeal was accepted and the court agreed on hearing

him because as it turns out he was interrogated for 2 hours without knowing that he has the right

to remain silent (5th Amendment) (United States Courts, 2017), and the right for a lawyer (6th

Amendment). “Miranda v. Arizona” was called that because the police made a mistake and it

was the police of Arizona which made it go farther to the Supreme Court which is bigger that's

why the state counts. (United States Courts, 2014).This is why the case began.

Paragraph #2: The Law and Legal Questions

The Fifth Amendment is “No person told you held To answer for a capital, or otherwise Infamous

crime”. It means that no person can be forced to speak whatsoever. When Miranda was arrested

the police were supposed to inform him about his two rights (Right to keep quiet and write for a

lawyer) (United States Courts, 2017) he didn't have a choice and he was asked questions for 2

hours. He wrote his confession and three women that he assaulted gave the majority

(n.d.-b). {{Meta.siteName}}. https://www.oyez.org/cases/1965/759#:~:text=majority%20opinion%20by%20Earl%20Warren

Google Drive: Sign-in. (n.d.). Accounts.google.com. Retrieved January 20, 2023, from https://drive.google.com/file/d/16QNlgiwMeKIoD6viO74z2gVF-x64l_iu/view

History.com Editors. (2009, November 9). Miranda Rights. HISTORY. https://www.history.com/topics/united-states-constitution/miranda-rights mcbride. (2005). The Supreme Court . Expanding Civil Rights . Landmark Cases . Miranda v. Arizona (1966) | PBS. Thirteen.org. https://www.thirteen.org/wnet/supremecourt/rights/landmark_miranda.html

Public Reaction. (n.d.). Miranda v. Arizona: Rebalancing Rights and Responsibilities. Retrieved January 23, 2023, from http://76307797.weebly.com/public-reaction.html#:~:text=The%20sudden%20introduction%20of%20Miranda

United States Courts. (2014). Facts and Case Summary - Miranda v. Arizona. United States Courts. https://www.uscourts.gov/educational-resources/educational-activities/facts-and-case-summary-miranda-v-arizona

United States Courts. (2017). United States Courts.