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background
Ernesto had a bad start to his early life. His mother died while he was still young causing his dad to get remarried. Ernesto did not get along with his stepmom, thus the excuse is that he committed his first convicted crime in 8th grade. After committing the robbery, he was sentenced to a year in reform school. The reform school and his parents were involved with with this crime as well as the police. http://en.wikipedia.org/wiki/Ernesto_Miranda -
Conviction
What happened was Ernesto committed crimes early on in life causing him to lose everything he had. In losing everything, he drifted from jail to jail in texas living homeless not having any place to go. He then kept up the crimes and stole a car causing him to enter a federal prison system in Chillicothe, Ohio. Later he was moved to California. This started the convictions that he is held too.http://en.wikipedia.org/wiki/Ernesto_Miranda -
Getting Caught
The police started by bringing him to the police station and putting him in a line up for questioning. He was questioned by police and almost immediately positively identified himself. Answers were given by miranda after about 2 hours of intense questioning. This is where the trouble all begins. Ernesto Miranda was not given his list of rights before he started answering.http://en.wikipedia.org/wiki/Ernesto_Miranda Miranda was then told to sign a statement that said he was given his rights, bas -
Defense
Ernesto filed a plea, or a review of the case. In which he received a CDA. His CDA and him put together a petition stating that his rights were not given to him before his questioning. This was sent to the U.S supreme Court. -
Arizona arguement
Arizona argues that it was not a 5th amendment issue, that it was a expansion of the 6th. They also said that forcing the police to give the rights to suspects could obstruct public safety. However, his attorney says that he was emotionally disturbed and a limited educated man so how is he supposed to know the 5th am. -
Looking Good for Miranda
Chief Earl Warren wrote an opinion that he should have been listed his rights such as the right to remain silent, and what he says can be used against him, and also the right to a lawyer. This eventually changed this for everybody here on out. Cops are now required to verbally give these rights called " miranda rights" as we know them now due to this case!