Miranda Rights. We have heard them on TV police shows all the
time:
- You have the right to remain silent.
- Anything you say to police officers may be used as evidence against
you in a court of law.
- You have the right to obtain an attorney.
- If you can’t afford an attorney, the court will provide one
for you.
Why are they known as Miranda Rights?
The name stems from a 1963 case in which a man named Ernesto Miranda
was arrested in Arizona.
The police failed to tell him that he had the right to an attorney during
interrogation, or that he could refuse to answer their questions.
As a result, he was later convicted because he confessed to robbery,
kidnapping and rape.
Three years later, the U.S. Supreme Court overturned the conviction
because Miranda did not know his rights.
What rights are being protected here?
The Fifth Amendment to the Constitution states that no person shall
"be compelled in any criminal case to be a witness against himself."
The right against self-incrimination is so important that the Supreme
Court requires officers to remind suspects of those rights.
Now, it is interesting to note, that Miranda’s case we retried:
the evidence of his confession was excluded, and
he was still convicted.
Do the rights have to be read before an arrest can be made?
No. The rights refer to interrogation by police. A suspect can be arrested
and detained without having his or her rights read.
Officers can also ask your name, address, and date of birth without
reading rights, and a drunk driving suspect does not have to be read
the Miranda Rights prior to taking a breathalyzer test.
But the police must read the Miranda Rights before they can question
the suspect.
Recently, a Missouri Miranda
case went before the U.S. Supreme
Court. What was that case about?
A Missouri woman was suspected of arson. A detective questioned her
and obtained a confession without reading her rights.
After she confessed, he finally read her rights to her, and got her
to repeat the confession.
The Supreme Court ruled that this tactic would allow police departments
to sidestep Miranda Rights by getting information first, then reading
the rights . . . so her conviction was overturned.
Miranda Rights ensure that we all receive the full protection
of the Fifth Amendment.
