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MIRANDA v ARIZONA Click to find out why . . .



Keywords & Phrases
CaseNo: MVA87512, CourtCode: SM, CourtName: IN THE SUPREME COURT OF THE UNITED STATES, Plaintiff: MIRANDA, State: AZ Arizona, UniqueCaseRef: LCD>MVA87512, Interrogation, United States, Police, Privilege, Confession, Constitution, Amendment, Escobedo, Crime, Rights, Warning, Justice, Law Enforcement, Opinion, Supreme Court, Self-incrimination, Authorities, Coerced Confessions, Prosecution, Warnings, Incriminate, Dissenting, In-custody Interrogation, Common Law History, Reports, Consistent, Admissibility, Fbi, Custodial Interrogation, Common Law, Federal Offenders, Safeguards, Interrogation Process, District Court, Government, Atmosphere , ContentID: 120243641

Case Documents
1 2000-02-28 SYLLABUS
[ see first page and extracted highlights below  ] ItemID: 109823
3 pages
HTML
2 2000-02-28 OPINION
[ see first page and extracted highlights below  ] ItemID: 109822
44 pages
HTML
3 2000-02-28 DISSENTING
[ see first page and extracted highlights below  ] ItemID: 109821
17 pages
HTML
4 2000-02-28 CONCURANDDISSENT
[ see first page and extracted highlights below  ] ItemID: 109820
4 pages
HTML
Total Documents: 4 documents , 68 pages
Price: $ 34.95


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1 . SYLLABUS

EXTRACTED KEY WORDS
PRIVILEGE
DEFENDANT
CUSTODY
COURT
ATTORNEY
SELF-INCRIMINATION
SILENT
LAWYER
POLICE
INTERROGATION PROCESS
SAFEGUARDS
PROTECTION
CEASE
NBSP
MIRANDA
SUPREME COURT
ARIZONA
OFFICERS
PROSECUTING
WARNING
RIGHTS
ADMISSIONS
CONVICTIONS
EXCULPATORY
INCULPATORY
LAW ENFORCEMENT
INHERENT
ABSENCE
PRIOR

MIRANDA v

IN THE SUPREME COURT OF THE UNITED STATES

MIRANDA v. ARIZONA

No. 759

Argued February 28-March 1, 1966

Decided June 13, 1966 *

384 U.S. 436

CERTIORARI TO THE SUPREME COURT OF ARIZONA

Syllabus

In each
of these cases, the defendant, while in police custody, was questioned by
police officers, detectives, or a prosecuting attorney in a room in which he
was cut off from the outside world. None of the defendants was given a full and
effective warning of his rights at the outset of the interrogation process. In
all four cases, the questioning elicited oral admissions, and, in three of
them, signed statements as well, which were admitted at their trials. All
defendants were convicted, and all convictions, except in No. 584, were
affirmed on appeal.

Held:

1. The
prosecution may not use statements, whether exculpatory or inculpatory,
stemming from questioning initiated by law enforcement officers after a person
has been taken into custody or otherwise deprived of his freedom of action in
any significant way, unless it demonstrates the use of procedural safeguards
effective to secure the Fifth Amendment's privilege against self-incrimination.
Pp. 444-491.

(a) The
atmosphere and environment of incommunicado interrogation as it exists today is
inherently intimidating, and works to undermine the privilege against
self-incrimination. Unless adequate preventive measures are taken to dispel the
compulsion inherent in custodial surroundings, no statement obtained from the
defendant can truly be the product of his free choice. Pp. 445-458.

(b) The
privilege against self-incrimination, which has had a long and expansive
SNIPPETS:
  • MIRANDA v. ARIZONA
  • CERTIORARI TO THE SUPREME COURT OF ARIZONA
  • In each of these cases, the defendant, while in police custody, was questioned by police
  • None of the defendants was given a full and effective warning of his rights at the outset of
  • In all four cases, the questioning elicited oral admissions, and, in three of them, signed
  • All defendants were convicted, and all convictions, except in No. 584, were affirmed on
  • The prosecution may not use statements, whether exculpatory or inculpatory, stemming from
  • The atmosphere and environment of incommunicado interrogation as it exists today is
  • Unless adequate preventive measures are taken to dispel the compulsion inherent in custodial
  • The privilege against self-incrimination, which has had a long and expansive historical
  • In the absence of other effective measures, the following procedures to safeguard the Fifth present him.
  • If the individual indicates, prior to or during questioning, that he wishes to remain silent,
  • The warnings required and the waiver needed are, in the absence of a fully effective
  • The limitations on the interrogation process required for the protection of the individual's

  • 2 . OPINION

    EXTRACTED KEY WORDS
    POLICE
    PRIVILEGE
    COURT
    UNITED STATES
    CONSTITUTION
    AMENDMENT
    ESCOBEDO
    CRIME
    RIGHTS
    JUSTICE
    COUNSEL
    WARNING
    CONFESSION
    DEFENDANT
    LAW ENFORCEMENT
    INCRIMINATE
    SUPREME COURT
    PROSECUTION
    CONSISTENT
    ADMISSIBILITY
    FBI
    SELF-INCRIMINATION
    AUTHORITIES
    GOVERNMENT
    SAFEGUARDS
    IN-CUSTODY INTERROGATION
    ATMOSPHERE
    INTERROGATION PROCESS
    CALIFORNIA
    
    
    IN THE SUPREME COURT OF THE UNITED STATES
    
    IN THE SUPREME COURT OF THE UNITED STATES
    
    MIRANDA v. ARIZONA
    
    No. 759
    
    Argued February 28-March 1, 1966
    
    Decided June 13, 1966 *
    
    384 U.S. 436
    
    MR.
    CHIEF JUSTICE WARREN delivered the opinion of the Court.
    
    The
    cases before us raise questions which go to the roots of our concepts of
    American criminal jurisprudence: the restraints society must observe consistent
    with the Federal Constitution in prosecuting individuals for crime. More
    specifically, we deal with the admissibility of statements obtained from an individual
    who is subjected to custodial police interrogation and the necessity for
    procedures which assure that the individual is accorded his privilege under the
    Fifth Amendment to the Constitution not to be compelled to incriminate himself.
    [384 U.S. 440]
    
    We
    dealt with certain phases of this problem recently in Escobedo v. Illinois, 378
    U.S. 478 (1964). There, as in the four cases before us, law enforcement
    officials took the defendant into custody and interrogated him in a police
    station for the purpose of obtaining a confession. The police did not
    effectively advise him of his right to remain silent or of his right to consult
    with his attorney. Rather, they confronted him with an alleged accomplice who
    accused him of having perpetrated a murder. When the defendant denied the
    accusation and said "I didn't shoot Manuel, you did it," they
    handcuffed him and took him to an interrogation room. There, while handcuffed
    and standing, he was questioned for four hours until he confessed. During this
    interrogation, the police denied his request to speak to his attorney, and they
    prevented his retained attorney, who had come to the police station, from
    consulting with him. At his trial, the State, over his objection, introduced
    the confession against him. We held that the statements thus made were
    constitutionally inadmissible.
    
    This
    case has been the subject of judicial interpretation and spirited legal debate
    since it was decided two years ago. Both state and federal courts, in assessing
    
    SNIPPETS:
  • IN THE SUPREME COURT OF THE UNITED STATES
  • The cases before us raise questions which go to the roots of our concepts of American
  • we deal with the admissibility of statements obtained from an individual who is subjected to
  • There, as in the four cases before us, law enforcement officials took the defendant into
  • We start here, as we did in Escobedo, with the premise that our holding is not an innovation
  • That case was but an explication of basic rights that are enshrined in our Constitution
  • And, in the words of Chief Justice Marshall, they were secured "for ages to come, and.
  • Our holding will be spelled out with some specificity in the pages which follow, but, briefly
  • By custodial interrogation, we mean questioning initiated by law enforcement officers after a
  • They all thus share salient features --incommunicado interrogation of individuals in a
  • An understanding of the nature and setting of this in-custody interrogation is essential to
  • The defendant in Lynumn v. Illinois, 372 U.S. 528, was a woman who confessed to the arresting
  • Lastly, in No. 584, California v. Stewart, the local police held the defendant five days in
  • All these policies point to one overriding thought: the constitutional foundation underlying
  • different phase of the Escobedo decision was significant in its attention to the absence of
  • The presence of an attorney, and the warnings delivered to the individual, enable the
  • For those unaware of the privilege, the warning is needed simply to make them aware of it --
  • The presence of a lawyer can also help to guarantee that the accused gives a fully accurate
  • "The standard warning long given by Special Agents of the FBI to both suspects and

  • 3 . DISSENTING

    EXTRACTED KEY WORDS
    UNITED STATES
    CONFESSION
    INTERROGATION
    PRIVILEGE
    AMENDMENT
    LAW
    COUNSEL
    OPINION
    COERCED CONFESSIONS
    WARNINGS
    SELF-INCRIMINATION
    POLICE
    AUTHORITIES
    DISSENTING
    COMMON LAW HISTORY
    REPORTS
    COMMON LAW
    FEDERAL OFFENDERS
    DEFENDANT
    SUPREME COURT
    IN-CUSTODY INTERROGATION
    CONSTITUTION
    DISTRICT COURT
    SELF-INCRIMINATION FORBIDS IN-CUSTODY
    INVOLUNTARINESS
    CUSTODIAL INTERROGATION
    JUSTICE STEWART JOIN
    PROSECUTION
    POLICE OFFICER
    
    
    IN THE SUPREME COURT OF THE UNITED STATES
    
    IN THE SUPREME COURT OF THE UNITED
    STATES
    
    MIRANDA v. ARIZONA
    
    No. 759
    
    Argued February 28-March 1, 1966
    
    Decided June 13, 1966 *
    
    384 U.S. 436
    
    WHITE,
    J., dissenting
    
    MR.
    JUSTICE WHITE, with whom MR. JUSTICE HARLAN and MR. JUSTICE STEWART join,
    dissenting.
    
    I
    
    The
    proposition that the privilege against self-incrimination forbids in-custody
    interrogation without the warnings specified in the majority opinion and
    without a clear waiver of counsel has no significant support in the history of
    the privilege or in the language of the Fifth Amendment. As for the English
    authorities and the common law history, the privilege, firmly established in
    the second half of the seventeenth century, was never applied except to
    prohibit compelled judicial interrogations. The rule excluding coerced
    confessions matured about 100 years later,
    
    "[b]ut
    there is nothing in the reports to suggest that the theory has its roots in the
    privilege against self-incrimination. And, so far as the cases reveal, the
    privilege, as such, seems to have been given effect only in judicial proceedings,
    including the preliminary examinations by authorized magistrates." Morgan,
    The Privilege Against Self-Incrimination, 34 Minn.L.Rev. 1, 18 (1949).
    
    Our own
    constitutional provision provides that no person "shall be compelled in
    any criminal case to be a witness against himself." These words, when
    
    "[c]onsidered
    in the light to be shed by grammar and the dictionary . .. , appear to signify
    
    SNIPPETS:
  • IN THE SUPREME COURT OF THE UNITED STATES
  • MR. JUSTICE WHITE, with whom MR. JUSTICE HARLAN and MR. JUSTICE STEWART join, dissenting.
  • The proposition that the privilege against self-incrimination forbids in-custody
  • As for the English authorities and the common law history, the privilege, firmly established
  • the Fifth Amendment privilege was similarly extended to encompass the then well established
  • "In criminal trials, in the courts of the United States, wherever a question arises
  • Whatever the source of the rule excluding coerced confessions, it is clear that, prior to the
  • The question in Bram was whether a confession, obtained during custodial interrogation, had
  • "In this court also, it has been settled that the mere fact that the confession is made
  • Thus, prior to Bram, the Court, in Hopt v. Utah, 110 U.S. 574, 583-587, had upheld the
  • "Counsel for the accused insist that there cannot be a voluntary statement, a free open
  • There, the defendant had answered questions posed by a Commissioner, who had failed to advise
  • This Court has long read the Constitution to proscribe compelled confessions, a salutary rule
  • See Federal Offenders: 1964, supra, note 4, at 6, 59; Federal Offenders: 1963, supra, note 4,
  • Beginning in 1963, however, the Federal Bureau of Investigation began collating data on
  • between 23% and 25% of all offenders sentenced in 88 federal district courts whose criminal

  • 4 . CONCURANDDISSENT

    EXTRACTED KEY WORDS
    COUNSEL
    COURT
    POLICE
    CUSTODIAL INTERROGATION
    UNITED STATES
    WARNING
    DISSENTING
    LAW ENFORCEMENT
    OPINION
    PRACTICE
    CRIME
    AMENDMENT
    AFFIRM
    HAYNES
    WAIVER
    SUSPECT
    BROTHER
    HOLDING
    TOTALITY
    SOLICITOR
    FBI
    CLARK
    CONCURRING
    MAJORITY
    POLICE OFFICERS
    CRIME DETECTION
    ESCOBEDO
    CONSTITUTION
    RIGHTS
    
    
    IN THE SUPREME COURT OF THE UNITED STATES
    
    IN THE SUPREME COURT OF THE UNITED STATES
    
    MIRANDA v. ARIZONA
    
    No. 759
    
    Argued February 28-March 1, 1966
    
    Decided June 13, 1966 *
    
    384 U.S. 436
    
    CLARK,
    J., concurring and dissenting
    
    MR.
    JUSTICE CLARK, dissenting in Nos. 759, 760, and 761, and concurring in the
    result in No. 584.
    
    It is
    with regret that I find it necessary to write in these cases. However, I am
    unable to join the majority because its opinion goes too far on too little,
    while my dissenting brethren do not go quite far enough. Nor can I join in the
    Court's criticism of the present practices of police and investigatory agencies
    as to custodial interrogation. The materials it refers to as "police
    manuals"{1} are, as I read them, merely writings in this field by
    professors and some police officers. Not one is shown by the record here to be
    the official manual of any police department, much less in universal use in
    crime detection. Moreover, the examples of police brutality mentioned by the
    Court{2} are rare exceptions to the thousands of cases [384 U.S. 500] that
    appear every year in the law reports. The police agencies -- all the way from
    municipal and state forces to the federal bureaus -- are responsible for law
    enforcement and public safety in this country. I am proud of their efforts,
    which, in my view, are not fairly characterized by the Court's opinion.
    
    I
    
    The
    ipse dixit of the majority has no support in our cases. Indeed, the Court
    admits that "we might not find the defendants' statements [here] to have
    been involuntary in traditional terms." Ante, p. 457. In short, the Court
    has added more to the requirements that the accused is entitled to consult with
    his lawyer and that he must be given the traditional warning that he may remain
    silent and that anything that he says may be used against him. Escobedo v.
    Illinois, 378 U.S. 478, 490-491 (1964). Now the Court fashions a constitutional
    
    SNIPPETS:
  • IN THE SUPREME COURT OF THE UNITED STATES
  • MR. JUSTICE CLARK, dissenting in Nos.
  • 759, 760, and 761, and concurring in the result in No. 584.
  • However, I am unable to join the majority because its opinion goes too far on too little,
  • The materials it refers to as "police manuals"are, as I read them, merely writings
  • The police agencies -- all the way from municipal and state forces to the federal bureaus --
  • the Court has added more to the requirements that the accused is entitled to consult with his
  • Escobedo v. Illinois, 378 U.S. 478, 490-491.
  • Now the Court fashions a constitutional rule that the police may engage in no custodial
  • When, at any point during an interrogation, the accused seeks affirmatively or impliedly to
  • Such a strict constitutional specific inserted at the nerve center of crime detection may
  • Custodial interrogation has long been recognized as "undoubtedly an essential tool in
  • Especially is this true where the Court finds that "the Constitution has
  • Indeed, even in Escobedo, the Court never hinted that an affirmative "waiver" was a quire all those things at one gulp should cause the Court to choke over more cases than Crooker v.
  • The rule prior to today -- as Mr. Justice Goldberg, the author of the Court's opinion in
  • Under the "totality of circumstances" rule of which my Brother Goldberg spoke in
  • It will be soon enough to go further when we are able to appraise with somewhat better
  • I would affirm the convictions in Miranda v. Arizona,
  • Moreover, the requirements of the Federal Bureau of Investigation do not appear from the
  • Indeed, the practice is that, whenever the suspect
  • This clearly indicates that the FBI does not warn that counsel may be present during
  • As I view the FBI practice, it is not as broad as the one laid down today by the Court.
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