Background and Introduction to the Miranda Case

!!!!Article On June 13, 1966 the United States Supreme Court handed down the decision in Ernesto Miranda v. the State of Arizona, 384 U.S. 436 (1966). This case was actually consolidated with three others: Westover v. United States, Vignera v. State of New York and California v. Stewart, however, this case has become known to be simply Miranda v. Arizona.Ernesto Miranda was arrested in Phoenix, Arizona in March 1963 based on circumstantial evidence linking him to the kidnapping and rape of an eighteen year old woman named Mary Adams ten days prior to his actual arrest.  At the police station, after hours of interrogation, he signed a confession. During the interrogation Miranda was not told of his right to counsel.  During the trial the prosecutor entered his confession as evidence; Miranda’s attorney objected, stating that the confession was not truly voluntary and should be excluded. This objection was overruled and Miranda was convicted of rape and kidnapping at trial. The Arizona Supreme Court affirmed the trial court’s decision.Miranda’s case and three other similar cases were appealed to the United States Supreme Court, with the Court handing down their decision fifty years ago this month.  The Miranda case has become famous because it establishes a defendant’s right to counsel and of the right against self-incrimination.  Judge Earl Warren wrote for the majority, in the 5-4 decision, that these rights were guaranteed by the Fifth and Sixth Amendments to the Constitution.After the Supreme Court’s decision, the state of Arizona retried Miranda without the confession, but he was convicted on the strength of a witness and sentenced to 20 to 30 years in prison. He served eleven years and died in 1976, after being stabbed in a bar fight.“Miranda Rights” have come to be known by the public through television shows and movies as the “right to remain silent” and “anything said can and will be used against in a court of law.” Hundreds of law review articles have been written about this case and a defendant’s “Miranda Rights.”  The library also has a number of books about the Miranda case, including the titles listed below:Scenario 1 and  questions:A caller stated two black males were shooting at each other in the roadway at the corner of 5th Avenue and 16th Street which is a known drug area. Multiple people are running around, any of which could be the suspect(s) and/ or victim. As you approach the scene, one black male (later identified as John Doe) is lying in the street apparently shot but alive and moving around. There are also several people yelling at him and at you in a hostile manner. Any of these people could also be a suspect. At first glance, you see shell casings in the street but no gun. You ask John Doe if he is armed. He says “My gun is lying over there” and points to his left. You see a gun lying near the curb close to several people. You quickly retrieve the weapon for obvious safety reasons and potential evidence. The investigation eventually reveals that John Doe started a fight with (Mark Doe) and shot him during the fight. Mark returned fire striking John and then fled the scene on foot. Mark was found dead two blocks away as a result of his gunshot wound. Ballistic evidence reveals that John’s gun was the murder weapon. John is charged with murder. At trial, the defense moves to bar the weapon as evidence and John’s statement that it was his gun because the officer did not advise John of his Miranda rights.QuestionsAnswer the questions below in a Microsoft Word document. Cite a court case that supports your answers. Explain the courts reasoning.•    What is the most likely outcome of the defense’s request to bar the gun as evidence?•    What is the most likely outcome of the defense’s request to bar the statement made by John that the weapon was his gun?Scenario 2 and questions: As an officer, you respond to a shoplifting call at Joe’s Sporting Goods. Upon arrival, an employee meets you and escorts you through the store and to a closed off area used by loss prevention agents to hold a suspect in custody. As you walk into the room, John, one of the loss prevention agents, is talking to the suspect, Mary Smith. You overhear Mary say to John, “The shirt is only worth $15! Are you really going to put me in jail for taking that?” Mary was apparently not aware of your presence, and suddenly turned around to see you. John retorts ” I was on the floor and observed Mary roll up a shirt (belonging to the store) and put it in her purse. Then, I  followed her and stopped her just before she exited the store with the merchandise. I recovered the shirt from her purse. Take a look at the surveilance video of her concealing the item in her purse. You obtain the suspect’s name and other necessary information. You do not ask any questions about the crime. You also do not advise her of her Miranda rights at any point. You take her to the police station to book her. The next morning, you present evidence gathered at the preliminary hearing and it is bound over to state court.Outcome :Mary was convicted in state court 6 months later. All proper court room procedures were followed at each level of the process.  The statement she made as you were walking in the door, the video and testimony from John were all used to get the conviction. Her father, Mr. Moneybags hired the attorney firm of Dewey, Cheatem and Howe to appeal the conviction. Their position was that the arrest, all evidence, the trial and conviction are all a farce because you, the officer, did not advise Mary of her Miranda rights at the time of arrest, nor did you at any point prior to depositing her in the county jail. They are asking for the conviction to be overturned and her record wiped clean.QuestionAnswer the questions below in a Microsoft Word document. Cite a court case that supports your answers. Explain the courts rationale.What is the most likely outcome of this appeal?Scenario 3 and questions: As an officer, you respond to an armed robbery call at the Get Lit Liquor Store. Upon arrival to Get Lit Liquor Store, the owner (Shady Jack) tells you that a Hispanic male (about 5’5”, 170 pounds, medium length dark hair, blue jeans and a white shirt) robbed him at gunpoint. Detectives are already there and will handle the interviews and recovery of the video footage which supports exactly what Shady Jack said occurred. You quickly leave to search the area. A nun tells you she saw a suspicious looking man down the street. One block away, you see a person standing at an entrance to a parking garage that matches his description. You stop and then he runs. After a foot chase, you apprehend him and bring him back to the scene for a show up line up.  Shady Jack positively identifies him as the person that robbed him. He also appears to be the same person on the video.  You release him to the detectives. Detective John McClain takes him to an interview room and interrogates him without advising him of Miranda. Three hours later, the suspect confesses to the crime.  Questions Answer the questions below in a Microsoft Word document. Additionally, cite a court case where the court made an admissibility decision related to a confession, video or positive identification. What is the most likely outcome of the challenge to the video?What is the most likely outcome of the challenge to the positive identification?What is the most likely outcome to the challenge to the confession?

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