Tags: Law Enforcement | miranda rights | law enforcement | history

Why Are They Called Miranda Rights?

By    |   Thursday, 04 Jun 2015 12:55 AM

“You have the right to remain silent. Anything you say can and will be used against you in a court of law…” Many know the familiar words of the Miranda rights, said by police repeatedly on criminal dramas and television shows.

But outside of the world of these fictional dramas, Miranda rights have a long and important history in American criminal law. As the anniversary of the creation of the rights approaches on June 13, their history and significance is refreshed in the American mind.

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The rights originated from a case in Arizona when Ernesto Miranda was interrogated as a suspect in an abduction and rape case. Miranda confessed in interrogation but later withdrew his confession when he was informed he never had to say anything, History.com reported.

Miranda was found guilty at his first trial, but the American Civil Liberties Union helped with his appeal. According to History.com, Miranda insisted the confession was coerced.

When the Supreme Court delivered its decision on the appeal in 1966, it established that "suspects must be informed of their specific legal rights when they are placed under arrest," MirandaWarning.org said. Miranda was granted a retrial and still convicted.

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However, the precedent of the case set the basis for today's Miranda rights. Now, before taking anyone into custody, the police read the same rights to all suspects to ensure they are well-informed before providing information or a confession.

The Miranda rights are: "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?"

These rights ensure a more fair trial for the accused, and less chance of a conviction being appealed and overturned. In cases where police do not mirandize, the court looks at the situation and reasons underlying that decision to decide if there was a violation of rights or not.

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"You have the right to remain silent. Anything you say can and will be used against you in a court of law…" Many know the familiar words of the Miranda rights, said by police repeatedly on criminal dramas and television shows.
miranda rights, law enforcement, history
384
2015-55-04
Thursday, 04 Jun 2015 12:55 AM
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