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The Papers of Justice Tom C. Clark

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Miranda v. Arizona (1966)

5th Amendment - Miranda v. Arizona, 1966

Ernesto Miranda mug shot

Ernesto Miranda mug shot. Arizona Department of Library Archives and Public Records, Phoenix, AZ.

Selected Case Files

Docket Sheet

Bench Memorandum

First draft opinion of Chief Justice Warren

Justice White's draft of dissenting opinion

Justice Clark's draft of dissenting opinion

Anyone who has watched a crime show on television is familiar with the phrase, "You have the right to remain silent." The Miranda case is the Supreme Court's most famous decision concerning criminal suspects' right to avoid self-incrimination. In 1963, Ernesto Miranda was charged with kidnapping and rape in Arizona and confessed to police while in police custody. He was not advised that he did not have to speak with the police and that anything he said could be used as evidence against him at trial. After conviction, Miranda took his appeal to the Supreme Court. The Supreme Court ruled in favor of Miranda and outlined specific rules governing questioning of suspects, namely that police must inform suspects of their right to remain silent, that any statements they make can be used against them, and that they have the right to have an attorney, which the state will provide if they cannot afford to pay.


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