The History of Miranda Warnings

“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 an attorney. If you cannot afford an attorney, one will be provided for you. Do you understand the rights I have just read to you? With these rights in mind, do you wish to speak to me?” If you have ever been arrested or just enjoy watching crime television shows, you may have heard these words. These statements and questions are known as the Miranda Warnings.

When a person suspected of a crime is arrested and an officer plans to interrogate the suspect, the officer is supposed to recite the warnings to the suspect. If the person being arrested indicates that he or she wishes to remain silent, any interrogation must cease. If he or she requests an attorney, the interrogation must cease until an attorney is present.

Why Miranda Warnings Are Now Used

The Miranda Warning and Miranda Rights get their name from the United States Supreme Court case Miranda v. Arizona in 1966. Ernesto Miranda was accused of robbery, kidnapping, and rape. During police interrogation, he confessed to the crimes. Miranda later recanted, and claimed that he did not realize that he did not have to respond to the officers’ questions. The conviction was overturned by the U.S. Supreme Court due to intimidating police interrogation methods.

The Fifth Amendment to the Constitution protects citizens against self-incrimination, and the Sixth Amendment guarantees a suspect’s right to legal counsel. The Miranda Warnings are simply reminders of these rights. If police officers question a suspect in custody without first reminding the individual of his or her Miranda rights, any statement or even confession made by the suspect is likely to be inadmissible as evidence in any criminal case. Furthermore, any evidence discovered as a result of that statement or confession will likely also be thrown out.

Some people falsely that if they are arrested and not “read their rights,” they can escape punishment. This is not accurate. However, if you have been interrogated without being given the option to remain silent or access to an attorney, it is possible that what you said during that time will not be admissible in court.

Facing Charges?

If you have been arrested and charged with a crime and you believe that your Miranda Rights have been violated, it crucial that you have an experienced lawyer by your side. Contact skilled San Jose criminal defense attorney Wesley Schroeder for a free consultation.

Sources:

http://www.mirandawarning.org/historyofmirandawarning.html

http://scholar.valpo.edu/cgi/viewcontent.cgi?article=1225&context=vulr