Miranda Warning Flashcards
Elements of Miranda Warning
-right to remain silent
-anything he says will be used against him in court
-right to consult with a lawyer. If you can’t afford a lawyer one will be appointed
Ernesto Miranda
Charged with kidnapping, rape, and armed robbery. Wrote confession saying he knew his legal rights but then his lawyer said the opposite. He got retried without his confession, but still was comvicetd
Ernesto Miranda
Charged with kidnapping, rape, and armed robbery. Wrote confession saying he knew his legal rights but then his lawyer said the opposite. He got retried without his confession, but still was convicted
What do courts need to consider when evaluating Miranda waiver
The totality of the circumstances