Miranda Rights
Knowing your Miranda Rights is important, especially when they affect your life. Many people are able to recite the Miranda Rights. They can be heard on almost every television police and law show. However, understanding what these rights truly mean is crucial, especially when they are being read to you.Miranda Rights are provided by the Fifth and Sixth Amendments of the United States Constitution. These rights protect your right against self-incrimination and to counsel. They are based on the Supreme Court decision in the case Miranda v.
The path of how this case landed in the Supreme Court began in 1963. Ernesto Miranda was arrested in Phoenix, for armed robbery. It was alleged that he had robbed a bank worker. Ernesto had a history with the law. He had a record of armed robbery, along with a juvenile record including attempted rape, assault, and burglary.
During the two hours Ernesto was in police custody, he confessed to the armed robbery. He also confessed to kidnapping and raping an 18 year old woman eleven days prior to the robbery. Ernesto signed his written confession to these events. Later, he was convicted of these crimes.
After the conviction, Ernesto’s lawyers appealed the court’s decision. The lawyers based the appeal on the grounds that Ernesto did not know he was protected from self-incrimination by the Fifth Amendment or his right to counsel by the Sixth Amendment of the United States Constitution.
Eventually this case, Miranda v. , made its way to the Supreme Court. The Supreme Court overthrew the decision. The case became a landmark ruling in 1966.
The ruling established that the accused have the right to remain silent and that prosecutors may not use statements made by defendants while in police custody, unless the police have advised the accused of their rights. This advisement of rights later became known as Miranda Rights.
However, Ernesto Miranda’s case was later re-tried. He was convicted again, this time on the basis of other evidence. Ernesto served 11 years for his conviction and was paroled in 1972. A twist in fate occurred for Ernesto at the end of his life. At the age of 34, he died of a stab wound received at a bar fight. A suspect was arrested at the scene. However, the suspect exercised his Miranda Rights and was later released.
The Supreme Court ruling held that when officers take a suspect into custody with the intention of conducting an interrogation, the officers must inform the suspect of their Miranda Rights as follows:
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The suspect has the right to remain silent. |
The Supreme Court placed these conditions upon officers to make sure suspects do not waive their constitutional rights because they do not know how to use them.
More Information on Miranda Rights
If you are ever in the situation when your Miranda Rights are being read to you remember the following information:
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Your Miranda Rights must be read to you, if have
been arrested and officers plan to ask you questions about the
crime. |
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