<u> B. Fifth and Sixth Amendments</u>
On March 13, 1963, a Phoenix resident, Ernesto Miranda, was arrested for being suspect of r.pe and kidnapping. In the police station, he was questioned by police officers and within two hours, he confessed to committing the crimes.
However, he hadn't been informed of his rights prior to the interrogation. According to the law, specifically the 5th and 6th Amendment, the police had to comply with several procedural safeguards to secure the accused's right.
Before giving any confession, the defendant should've been informed that he had the right to have a lawyer present to advise him or that he had the right to remain silent and that anything he said can be used against him in a court of law.
<u>The 5th Amendment</u> states that no one will be deprived of life, liberty, or property, without due process of law and it protects the person against self-incrimination.
<u>The 6th Amendment</u> states that in all criminal prosecutions, the accused must be informed of the nature and cause of the accusation; to be confronted with the witnesses against him; to have compulsory process for obtaining witnesses in his favor, and to have the assistance of counsel for his defense.
