Congressional Digest

Supreme Court Debates October 2010 No. 7 Vol. 13
Police Interrogation Procedure

The Right to Remain Silent

Invoking Miranda Protections During Police Questioning

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Police Interrogation Procedure

Court Holdings on Waiving Miranda Rights

Together with four cases, the title case in Miranda v. Arizona (1966) arose from Ernesto Miranda’s kidnapping and rape of an 18-year-old woman. Miranda confessed to the crime shortly after being taken into custody. He made no request to consult with an attorney while being interrogated but neither was he advised by the police that he had a right to have an attorney present. At his trial, the written confession was admitted in evidence. The Court reversed Miranda’s conviction based upon the failure of the police to comply with the new rules that were announced in the Miranda decision. Before…

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