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The 2nd Thief (7 of 8)
Series: The Biggest Losers
When the police arrest a suspect - what’s the first thing they are required by law to do?
That’s right - read him his rights . ‘‘You have a right to remain silent ...’’ etc.
What’s the official name for that process?
The Miranda Warning.
When a suspect has been read his rights they often say he’s been ‘‘Mirandized’’
Few people realize that the Miranda warning originated from a Supreme Court ruling in 1966. Ernesto Miranda had been in and out of the Arizona State juvenile courts for more than a decade. He had a long record that included convictions for armed robbery assault, burglary, and attempted rape. And Police also believed that he was a sexual predator.
He was arrested on March 13, 63, and charged with stealing $8 from a Phoenix resident. But police were actually interested in him in regard to a rape that had occurred in which he was considered the prime suspect. They questioned him for two hours and bluffed Miranda suggesting that a woman who’d been assaulted 11 days earlier - had picked him out of a line up. He signed a written confession, and rec’d a sentence of 20 to 30 years for the kidnapping and rape of the 18 year old mildly mentally retarded woman.
His lawyers attempted to get the conviction overturned arguing that Miranda had never been informed of his constitutional rights. The case went all the way to the Supreme Court, and in a 5 to 4 decision the court agreed, and the conviction was overturned on June 13, 1966.
Miranda was eventually tried a second time, convicted of the crime, went to prison, and served almost 10 years total in prison. He was paroled in December of 1972.
On January 31, 1976, Miranda got into a fight in a tavern in Phoenix over a $3 bet. When he went to the bathroom to get the blood off of his hands he was stabbed to death. Police arrested a suspect who chose to exercise his ‘‘Miranda rights’’ and was released.
Ernesto Miranda was ...
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