Editing Miranda v. Arizona (section)

== Background ==
=== Legal ===
In 1951 ''Legal Aid in the United States'', a report in the Survey of the Legal Profession series, was published by the [[American Bar Association]]. It identified large gaps in the availability of legal services in both civil and criminal cases for those unable to afford a lawyer. By the early 1960s, in response to the report, efforts by various [[bar association]]s to expand [[legal aid]] for [[defendants]] had resulted in a substantial increase in services, although still with large areas of the country underserved.<ref name=ABAJ>{{cite journal|last1=Brownell|first1=E. A.|year=1961|title=A Decade of Progress: Legal Aid and Defender Services|journal=[[American Bar Association Journal]]|volume=47|number=9|pages=867–871}}</ref>

In the [[Civil law (common law)|civil]] realm, it led to the creation of the [[Legal Services Corporation]] under the [[Great Society]] program of [[Lyndon B. Johnson]]. ''[[Escobedo v. Illinois]]'', a case which closely foreshadowed ''Miranda,'' provided for the presence of counsel during police interrogation.

=== Factual ===

On March 13, 1963, [[Ernesto Miranda]] was arrested by the [[Phoenix Police Department]] officers [[Carroll Cooley]] and Wilfred Young, based on [[circumstantial evidence]] linking him to the [[kidnapping]] and [[rape]] of an 18-year-old woman 10 days earlier.<ref>Miranda also matched the description given by a robbery victim of the perpetrator in a robbery several months earlier.   He was simultaneously interrogated about both of these crimes, confessed to both, but was not asked to and did not write down his confession to the robbery.  He was separately tried and convicted of the robbery and sentenced to 20 to 25 years of imprisonment.  This crime, trial, and sentence is separate from the rape-kidnapping case appealed to the Supreme Court.</ref> After two hours of interrogation by police officers, Miranda signed a confession to the rape charge on forms that included the typed statement: "I do  hereby swear that I make this statement voluntarily and of my own free will, with no threats, coercion, or promises of immunity, and with full knowledge of my legal rights, understanding any statement I make may be used against me."<ref name="Lief and Caldwell">[http://www.americanheritage.com/content/%E2%80%9Cyou-have-right-remain-silent%E2%80%9D Michael S. Lief and H. Mitchell Caldwell] "'You Have the Right to Remain Silent,'" ''American Heritage'', August/September 2006.</ref>

However, at no time was Miranda told of his right to counsel. Before being presented with the form on which he was asked to write out the confession that he had already given orally, he was not advised of his right to remain silent, nor was he informed that his statements during the interrogation would be used against him. At trial, when prosecutors offered Miranda's written confession as evidence, his [[Public defender|court-appointed lawyer]], Alvin Moore, objected that because of these facts, the confession was not truly voluntary and should be excluded. Moore's objection was overruled, and based on this confession and other evidence, Miranda was convicted of rape and kidnapping. He was sentenced to 20–30 years of imprisonment on each charge, with sentences to run concurrently. Moore filed Miranda's appeal to the [[Arizona Supreme Court]], claiming that Miranda's confession was not fully voluntary and should not have been admitted into the court proceedings. The Arizona Supreme Court affirmed the trial court's decision to admit the confession in ''State v. Miranda'', 401 P.2d 721 (Ariz. 1965). In affirmation, the Arizona Supreme Court heavily emphasized the fact that Miranda did not specifically request an attorney.<ref>Miranda's oral confession in the robbery case was also appealed and the Arizona Supreme Court likewise affirmed the trial  decision to admit it in ''State v. Miranda'', 401 P.2d 716. This case was not part of the appeal to the Supreme Court of the United States.</ref>

Attorney [[John Paul Frank]], former law clerk to Justice [[Hugo Black]], represented Miranda in his appeal to the U.S. Supreme Court.<ref name="latimesobit">{{cite news|last1=Oliver|first1=Myrna|title=John P. Frank, 84; Attorney Won Key Decision in 1966 Miranda Case|url=https://www.latimes.com/archives/la-xpm-2002-sep-12-me-frank12-story.html|access-date=May 12, 2017|work=Los Angeles Times|date=September 12, 2002}}</ref> [[Gary K. Nelson]] represented Arizona.