In 1966, the Cutting The United States Supreme Court ruled in the /// landmark Miranda v. Arizona. In it he declared that, whenever a person be stopped by the police, must be informed before the interrogation of the derechos which grants you the fifth amendment of the Constitution from the United States. These derechos They are known as the derechos Miranda.
Background
In 1963, Ernesto Arturo Miranda was arrested for kidnapping y violation, which he confessed without any warning from his right constitutional to keep silence, or up right to have a lawyer present. At the trial, the taxation He offered only his confession , the experiment and Miranda was convicted.
La Cutting Supreme Court ruled (Miranda v. Arizona, 384 US 436 1966) that Miranda had been intimidated during his interrogation and that he had not understood his right not to incriminate themselves or their right to be assisted by a lawyerOn these bases, the Cutting revoked the failure previous. Miranda was then convicted in another trial, with witnesses testifying against him and other evidence presented. He served 11 years in prison. condemns.
Ironically, when Miranda was killed in a knife fight years later, homicidal the were read to him derechos Miranda, which he invoked to avoid having to testify.
In 2000, the use of the derechos Miranda emerged again before the Cutting Supreme Court (Dickerson v. United States, 530 US 428 2000). The Tribunal reaffirmed the role from the previous precedent.
Declaration
Have the right to save silence. Any thing that says it can and will be used against you in a Tribunal de Justice. Have the right to talk to a lawyer and that a lawyer be present during any interrogation. If you can't pay un lawyer, you will be assigned one paid for by the gobierno. Have you understood the derechos previously mentioned?
Rights that should be mentioned in the declaration
Los derechos mentioned in the sentences of the /// Miranda are:
- Law School that the warning is given before being questioned
- Law School that the explanations are made in crafts clara
- Law School to save silence
- Law School to which it is given report that his statements could be used against him in a trial
- Law School to consult with a lawyer
- Law School to which your lawyer be present throughout the interrogation
- Law School to have a lawyer free of charge, in /// of being indigent.
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