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Ernesto Miranda

AKA Ernesto Arturo Miranda

Born: 9-Mar-1941
Birthplace: Columbus, AZ
Died: 31-Jan-1976
Location of death: Phoenix, AZ
Cause of death: Murder
Remains: Buried, Mesa City Cemetery, Mesa, AZ

Gender: Male
Race or Ethnicity: Hispanic
Sexual orientation: Straight
Occupation: Criminal

Nationality: United States
Executive summary: Miranda v. Arizona

Military service: US Army (dishonorably discharged)

Ernesto Miranda was an eighth-grade dropout who was charged in the 1963 kidnapping and rape of a mildly retarded 18-year-old woman. He was found guilty of both crimes, based largely on his confession during police interrogations. The convictions were overturned by the US Supreme Court in 1966, because he had never been told by police that he had the Fifth Amendment right to avoid self-incrimination by not answering questions, and the Sixth Amendment right to have an attorney present during interrogation.

Since Miranda's convictions were overturned, police in America have generally been required to explain these Constitutional rights in cases where a suspect's testimony may be used against him/her in court. In common parlance, this is called the Miranda warning, and while the phrasing may vary, it usually sounds something like this: "You have the right to remain silent; anything you say may be used against you in a court of law. You have the right to consult an attorney, and to have an attorney present during questioning; if you cannot afford an attorney, one will be appointed for you, if you wish."

None of this made much difference for Miranda himself, however. He was re-tried, this time without having his confession admitted as evidence, and re-convicted. After serving his sentence, he was murdered in a Phoenix bar in 1976.

Girlfriend: Twila Hoffman

    Dishonorable Discharge
    Eponyms Mirandize
    Burglary
    Armed Robbery Los Angeles, CA (acquitted)
    AWOL multiple
    Vagrancy Texas
    Car Theft Nashville, TN
    Kidnapping Phoenix, AZ (3-Mar-1963), convicted, overturned, re-convicted
    Rape Phoenix, AZ (3-Mar-1963), convicted, overturned, re-convicted
    Armed Robbery Phoenix, AZ (13-Mar-1963)
    Unlawful Possession of a Firearm charges dropped
    Assisted by the ACLU
    Mexican Ancestry


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