The Miranda Rights refer to the rights advised to someone after being placed under arrest, namely the rights protected by the Fifth and Sixth Amendments of the Constitution, which are the right to remain silent and the right to consult an attorney during interrogation. The Fifth Amendment states: “No person shall be held to answer for a capital, or otherwise infamous crime, unless on a presentment or indictment of a Grand Jury […] nor shall be compelled in any criminal case to be a witness against himself.” The Sixth Amendment mentions the right “to have the Assistance of Counsel for his defence.”
The Miranda Rights have their origin in the aftermath of the Miranda v. Arizona case. In 1963, Ernesto Miranda was accused of kidnapping and rape. After being interrogated by police, he wrote and signed a confession which was used as evidence in court. He was found guilty and was sentenced to 20-30 years in prison. He appealed his conviction to the Supreme Court of Arizona, but the Court held that his constitutional rights were not violated in obtaining the confession (United States Courts). He appealed again, and the Supreme Court reviewed the case in 1966.
Upon examination of Miranda v. Arizona and other similar cases involving the defendants not being advised of their constitutional rights, the Supreme Court ruled 5-4 in favor of Miranda. In the majority’s opinion, Chief Justice Earl Warren wrote:
From the testimony of the officers and by the admission of respondent, it is clear that Miranda was not in any way apprised of his right to consult with an attorney and to have one present during the interrogation, nor was his right not to be compelled to incriminate himself effectively protected in any other manner. Without these warnings, the statements were inadmissible. (Warren 492)
The decision of the Supreme Court overturned Miranda’s conviction. He was later retried by the State of Arizona.
As a result of the Miranda v. Arizona decision, defendants are customarily warned that everything they say will be used as evidence in a court of law, therefore they can help themselves by remaining silent. Counsel is also advised, since the Supreme Court of Arizona affirmed their decision arguing that Miranda did not request for counsel (Oyez).
List of Miranda Rights:
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?
Translation
Tiene derecho a guardar silencio.
Todo lo que diga puede ser y será usado en su contra en una corte.
Tiene derecho a un abogado.
Si no puede pagar un abogado, se le asignará uno.
¿Entiende los derechos que acabo de leer? Con estos derechos en mente, ¿desea hablar conmigo?
Works cited
Congress. “US. Constitution | Constitution Annotated | Congress.gov .” Constitution Annotated, https://constitution.congress.gov/constitution/. Accessed 18 Apr. 2022.
“Facts and Case Summary – Miranda v. Arizona.” United States Courts, https://www.uscourts.gov/educational-resources/educational-activities-facts-and-case-summary-miranda-v-arizona. Accessed 18 Apr. 2022.
“Miranda Rights”. Miranda Rights, http://www.mirandarights.org/. Accessed 18 Apr. 2022.
“Miranda v. Arizona, 384 U.S. 436 (1966).” Justia Supreme Court Center, https://supreme.justia.com/cases/federal/us/384/436/. Accessed 18 Apr. 2022.
“Miranda v. Arizona.” Oyez, www.oyez.org/cases/1965/759. Accessed 18 Apr. 2022.