"In all criminal prosecutions, the accused shall enjoy the right to a speedy and public trial, by an impartial jury of the State and district wherein the crime shall have been committed, which district shall have been previously ascertained by law, and to be informed of the nature and cause of the accusation; to be confronted with the witnesses against him; to have compulsory process for obtaining witnesses in his favor, and to have the Assistance of Counsel for his defence." -6th Amendment
Supreme COURT
The supreme court in a 5-4 decision concluded that the prosecution couldn't and shouldn't have used Miranda's confession as evidence since the police ignored their responsibilities and didn't first inform him of his right to an attorney (sixth amendment) and his right to no self incrimination (fifth amendment). Because the first case violated these 2 rights, the Supreme Court overturned Miranda's conviction.
|
"The police clearly violated Miranda's 5th Amendment right to remain silent, and his 6th Amendment right to legal counsel. Arizona ignored both the Escobedo rule (evidence obtained from an illegally obtained confession is inadmissible in court) and the Gideon rule (all felony defendants have the right to an attorney) in prosecuting Miranda. His confession was illegally obtained and should be thrown out. His conviction was faulty, and he deserved a new trial." -Opening argument for Miranda |