Fans of television shows such as the Law and Order series (including Law and Order: SVU) are familiar with the speech recited by police whenever a person is arrested:
- You have the right to remain silent.
- Anything you say can, and will, be used against you in a court of law.
- You have the right to consult with an attorney and/or to have one present when questioned by the police.
- If you cannot afford an attorney, one will be appointed to represent you.
These statements are referred to as the Miranda Warnings.
Miranda Rights History
Ernesto Miranda was a mentally disturbed individual of Mexican descent. He suffered from sexual fantasies.
The state of Arizona arrested Miranda in 1963 for the kidnapping and rape of a mildly retarded 18 year old girl. After a coercive interview with the police, Miranda confessed to the crime with which he was accused.
The Fifth Amendment to the Constitution
The Fifth Amendment to the United States Constitution was ratified in 1791 and guarantees, among other things, the right to not incriminate oneself.
- No person shall be held to answer for a capital, or otherwise infamous crime, unless on a presentment or indictment of a Grand Jury, except in cases arising in the land or naval forces, or in the Militia, when in actual service in time of War or public danger; nor shall any person be subject for the same offense to be twice put in jeopardy of life or limb; nor shall be compelled in any criminal case to be a witness against himself, nor be deprived of life, liberty, or property, without due process of law; nor shall private property be taken for public use, without just compensation. (emphasis the author's)
The problem was not the lack of a the right to remain silent, but rather the ignorance of the general public that they had such rights. The police were not obligated to inform people of their rights, and Ernesto Miranda did not know that he did not have to speak, nor did he know he had the right to consult with a civil defender.
Miranda v. Arizona
The famous Miranda Case was argued and decided in 1966 by the Supreme Court of the United States. Mr. Chief Justice Warren delivered his lead opinion to the court.
The result of the court's findings that Miranda's right against self-incrimination was not protected affected and overturned other cases before Miranda. Chief Warren wrote: "In each of these cases, the statements were obtained under circumstances that did not meet constitutional standards for protection of the privilege against self-incrimination."
Justice Warren sent a strong message to law enforcement that they must respect the civil rights of citizens under the U.S. Constitution.
Miranda Warnings
Harold Berliner, district attorney of Nevada County at the time, and Doris Maier, deputy attorney general, wrote the speech that is known as the famous Miranda Warnings, or reading of Miranda Rights. Berliner prints out cards that police can carry in their pockets to read efficiently and correctly when questioning citizens.
Ernesto Miranda
After Ernesto Miranda's case was thrown out of court due to the fact that his interview violated his constitutional rights, he was tried a second time without the interview in evidence. He was convicted.
