Law Stuff

"In 1963, Miranda, a Mexican immigrant with only an elementary school education, was arrested for robbery, kidnapping, and rape. He was interrogated by police and confessed. At trial, prosecutors offered only his confession as evidence. Miranda was convicted of rape and kidnapping and sentenced to 20 to 30 years on both charges. Miranda's lawyer, Alvin Moore, appealed to the Arizona Supreme Court but the charges were upheld." The majority included Earl Warren, Hugo Black, William O. Douglas, William J. Brennan, and Abe Fortas. This decision was made on March 1, 1966. The Miranda vs. Arizona case set a precedent for future cases which civil rights were involved. The court declared that the accused had to be made aware of their right to an attorney and their right to remain silent prior to police interrogation. The rights that were affected by this case were the fifth and sixth amendments. These amendments were infringed upon because Miranda was not informed of his right to remain silent and privilege against self-incrimination. Miranda confessed to his crime and this confession was used against him court. He later stated he would have never confessed if he knew he didn't have to. When his layer appealed to the Supreme Court he was found guilty because of physical evidence and witnesses statements. Miranda received an eleven year sentence to prison.

Clarence Earl Gideon was arrested in 1961 and charged with breaking and entering a pool hall with intent to commit theft, by taking money out of vending machines. What he did at the time was considered a felony. When it came time to have the trial he did not have enough money for a lawyer and asked that one be appointed to defend him. The judge denied the request saying that under Florida state law counsel can be appointed only in a capital offense. Since Gideon didn't have a lawyer and was not educated to defend himself he lost easily to the prosecution. Gideon was then sentenced to five years in prison.im jon and i poop.