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The Champion

May 2016 , Page 18 

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What Happened In Miranda?

By Paul G. Ulrich

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The Miranda Decision And Its Consequences

The U.S. Supreme Court decided Miranda v. Arizona on June 13, 1966.1 Chief Justice Warren’s 5-4 majority opinion held police must warn criminal suspects prior to any custodial interrogations that they have a Fifth Amendment right to remain silent and that anything they say might be used against them.2 Suspects also must be warned that they have a Sixth Amendment right to consult with counsel and to have counsel present during custodial interroga­tions, and that counsel will be appointed to represent them if they cannot afford one.3 

However, if suspects “knowingly and intelligently” waive those rights, even without lawyers being present, they can be interrogated. Any resulting voluntary confessions or other statements also can be used against them.4 Justice Fortas, who provided the decisive fifth vote, later stated that the majority opinion was “entirely Warren’s.”5 

Ernesto Miranda was not given such warnings before h

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