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LS305-01 Constitutional Law Unit 9 assignment

Located on the top of the confession was a typed

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Miranda. Located on the top of the confession was a typed paragraph stating that the confession was voluntary, without any promises of immunity or threats. The statement also said that Miranda signed the confession "with full knowledge of my legal rights, understanding any statement I make may be used against me." When the case went to trial, the prosecution used the written confession as evidence against Miranda. The defense objected, asking for the evidence to be repressed. Nevertheless, the judge allowed the confession to be admitted and Ernesto Miranda was convicted of both counts of kidnapping and rape and on each count he was sentenced to 20 to 30 years, with the sentences running concurrently. On Miranda's first appeal, the Supreme Court of Arizona ruled that his rights had not been violated by the admission of the confession, and therefore affirmed the conviction. The basis for the decision was connected to the fact that Miranda never specifically requested council. Miranda proceeded appeal his case to the Supreme Court. During appeal, The Supreme Court ruled based on the testimony given by the police officers, and the admission from Miranda, it was obvious that he had never been told of his right to council or his right to have council present during his questioning. The court also stated that Miranda was never informed of his right to not be compelled to incriminate himself. The Court
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  • Fall '12
  • Supreme Court of the United States, Fourteenth Amendment to the United States Constitution, Miranda v. Arizona, Ernesto Miranda, Constitutional Law Unit, LS305-01 Constitutional Law

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Located on the top of the confession was a typed paragraph...

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