assignment 3 brief case.docx - Shekeena Neal February...

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Shekeena Neal February 11,2018 Sem Criminal Law & Procedure Assignment III: Case Briefs Case: Miranda v. Arizona 384 U.S. 436 (1966) Facts: Ernesto Miranda was linked to a kidnapping and rape of an 18- year-old female Patricia McGee. The Supreme Court of Arizona detained that Ernesto Miranda legal rights (5 th amendment) were not violated in obtaining the confession. Issue: Whether the government is obligated to inform the detained offender of their 5th Amendment and 4 th amendment lawful rights against self-incrimination before they cross-examined the offender? Holding: (vote 5 to 4) Yes, Chief Warren delivered the opinion of the Court. Majority Reasoning : Chief Justice Earl Warren, joined by Hugo Black, Williams O. Douglas, William Brennan, Abe Fortas. Yes, when a person taking into custody. He or she must be read their Miranda Rights. A. Rule: The whole body of the 5 th amendment self-incrimination article was to be related to the states through the dues process article of the 4 th amendment that state court must be fair.

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