Miranda Versus Arizona

Question 0

Issue

Answer 0

Whether the written confession given by the defendant was obtained in violation of the defendants fifth amendment right to be free from compulsion

Question 1

Facts

Answer 1

Defendant was arrested for rape taken to the police station. Identified as a rapist. Take into interrogation room where he was questioned. Officers later testified at trial defendant was not advised he had the right to have an attorney present. Also testify defendant was not told he had the right to be free from self-incrimination. Defendant sign a statement stating that he had full knowledge of his legal rights.

Question 2

Held

Answer 2

Yes the written confession by the defendant was obtained in violation of the defendants fifth amendment privilege against compulsory self-incrimination.

Question 3

Discussion

Answer 3

The court to find a custodial interrogation as questioning initiated by law-enforcement officers after a person has been taken into custody or or wise deprived of his freedom of action in any significant way. First must be notified that he has the right to remain silent. Second must be notified that any statement made may be used as evidence against him. Third the suspect has the right to consult with a lawyer and have a lawyer present during the questioning. Fourth suspect must be informed if you cannot afford to retain a lawyer one will be appointed to represent him prior to questioning.