Miranda v. Arizona

Miranda v. Arizona, , was a landmark decision of the United States Supreme Court. The Court ruled that a suspect in police custody must be informed of the right to consult with an attorney before and during questioning. They must be informed of the right against self-incrimination. They must also make certain the suspect understands these rights.

The Miranda warning (often abbreviated to "Miranda," or "Mirandizing" a suspect) is the name of the formal warning that is required to be given by police in the United States to criminal suspects. It must be given before they are interrogated, in accordance with the Miranda ruling. Its purpose is to ensure the accused are aware of these rights under the U.S. Constitution. Also so they know they know they can invoke them at any time during the interview.

 Namesake 

On 13 March 1963, Ernesto Miranda was arrested by police officers in Phoenix, Arizona.Michael Burgan, Miranda V. Arizona: The Rights of the Accused (Minneapolis, MN: Compass Point Books,2007), p. 10 Miranda asked why he was being arrested but was given no answer. At the time of his arrest he was not charged with any crime. Ten days earlier an 18-year-old girl claimed she had been sexually assaulted. When she talked to the police, her story changed several times. A few days later she was leaving work and saw a suspicious car she thought might be the same as the one used in her assault. A partial license plate led police to arrest and question Miranda. In a lineup, the girl could not identify her attacker but thought he looked similar to Miranda.Larry A. VanMeter, Miranda V. Arizona: The Rights of the Accused (New York: Chelsea House, 2007), pp. 18–19 During the interview with Miranda, police told the suspect he failed the lineup. After hours of interrogation Miranda finally signed a confession. Police also got Miranda to confess to two other cases of abduction and robbery which "cleared" two more cases.Paul Ruschmann, Miranda Rights (New York: Infobase Publishing, 2007), p. 72

 Miranda v Arizona 

The case of Ernesto Miranda and three other similar cases were heard before the Supreme Court. All four defendants did not have attorneys present when they were questioned.G. S. Prentzas, Miranda Rights: Protecting the Rights of the Accused (New York, NY : Rosen Publishing Group, 2006), p. 12 The decision was announced on 13 June 1966 by Chief Justice Earl Warren. Because of the important changes it made, he read the entire sixty pages. Four justices disagreed with the ruling. Their argument was that all the defendants confessed. Their opinion was that allowing lawyers in interrogations would prevent most suspects from confessing.G. S. Prentzas, Miranda Rights: Protecting the Rights of the Accused (New York, NY : Rosen Publishing Group, 2006), p. 13

As a result, Ernesto Miranda's first conviction was overturned but he faced a second trial on sexual assault and kidnapping charges in 1967.Michael Burgan, Miranda V. Arizona: The Rights of the Accused (Minneapolis, MN: Compass Point Books,2007), p. 68 His confession could not be used against him but the prosecutor got Miranda's girlfriend to testify he told her he did it.G. S. Prentzas, Miranda Rights: Protecting the Rights of the Accused (New York, NY : Rosen Publishing Group, 2006), p. 15 She said it happened three days after his police confession. He was found guilty and got the same sentence again.

 Typical Miranda warning 

There are some 17,000 police departments in the United States. They use any of hundreds of different versions of the Miranda warning. These range from a few words to over 400.Lawrence S. Wrightsman; Mary L. Pitman, The Miranda Ruling: Its Past, Present, and Future (Oxford; New York, NY: Oxford University Press, 2010), p. 20 One reason is that many fall into vulnerable groups who do not always understand written or oral Miranda warnings.Lawrence S. Wrightsman; Mary L. Pitman, The Miranda Ruling: Its Past, Present, and Future (Oxford; New York, NY: Oxford University Press, 2010), p. 78 These include those who are deaf, do not speak or read English well, juveniles, mentally ill, and or the mentally challenged. The courts have been less than protective of the rights of these groups who may not have understood their Miranda rights.Lawrence S. Wrightsman; Mary L. Pitman, The Miranda Ruling: Its Past, Present, and Future (Oxford; New York, NY: Oxford University Press, 2010), p. 156

 Other countries 

Like the Miranda warnings, other countries have written rights they give to suspects before police begin their questioning. They have procedures to insure a confession is valid in their court systems. The Canadian Charter of Rights and Freedoms for example, provides that if someone is arrested they have certain rights. These are to be promptly told why they were arrested, told they have a right to retain legal council and the right of proof of habeas corpus (or be released from custody).Inge Sebyan Black, The Art of Investigative Interviewing (Burlington: Elsevier Science, 2014), p. 43

 Notes 

 References 

Category:1966 in the United States
Category:20th century in Arizona
Category:Human rights
Category:United States law