TAILIEUCHUNG - Gale Encyclopedia Of American Law 3Rd Edition Volume 7 P11

Gale Encyclopedia of American Law Volume 7 P11 fully illuminates today's leading cases, major statutes, legal terms and concepts, notable persons involved with the law, important documents and more. Legal issues are fully discussed in easy-to-understand language, including such high-profile topics as the Americans with Disabilities Act, capital punishment, domestic violence, gay and lesbian rights, physician-assisted suicide and thousands more. | 88 MIRANDA V. ARIZONA meeting or official proceeding a record kept by courts and corporations for future reference. MIRANDA V. ARIZONA Miranda v. Arizona 384 . 436 86 S. Ct. 1602 16 L. Ed. 2d 694 1966 was a landmark decision in the field of criminal procedure. In Miranda the . Supreme Court declared a set of specific rights for criminal defendants. The Miranda warning named after Ernesto Miranda one of the petitioners in the case is a list of rights that a law enforcement officer must read to anyone arrested for a criminal act. Before the . Supreme Court s decision in Miranda the law governing custodial interrogation of criminal suspects varied from state to state. In many states statements made by criminal defendants who were in custody and under interrogation by law enforcement officials were admissible at trial even though the defendants had not been advised of their legal rights. If the totality of the circumstances surrounding the statements indicated that the suspect had made the statements voluntarily it did not matter that officers had not apprised the suspect of his legal rights. The totality of the circumstances rule was effective even if a defendant was in custody. Generally a defendant was considered to be in custody if the person was not free to leave the presence of law enforcement officers. The basic legal rights for criminal defendants subjected to CUSTODIAL INTERROGATION included the FIFTH amendment right against self-incrimination and the right to counsel. This latter right was established by the court two years earlier in Escobedo v. Illinois 378 . 478 84 S. Ct. 1758 12 L. Ed. 2d 977 1964 . The Miranda case involved four criminal defendants. Each of the defendants was appealing a conviction based in part on the failure of law enforcement officers to advise him prior to custodial interrogation of his right to an attorney or his right to remain silent. Ernesto Miranda the first defendant listed in the case was arrested on March 18 1963

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