Miranda Rights Remembrance

I have been learning a little about our Miranda rights, given that its anniversary is upon us. This bit of trivia came to my attention through Homiletics Magazine. I have expanded upon what they submitted.

The case was Miranda v. Arizona, and the ruling changed the way police make arrests in the United States. Now, the police must “Mirandize” people in custody prior to interrogation. In addition, the police must clearly inform them that they have the right to consult with a lawyer and to have the lawyer with them during interrogation. The police must tell them that if they are unable to afford a lawyer, the court will appoint one to represent them.

The basis of the rights is to protect our Fourth and Fifth Amendment rights. The Fourth Amendment protects our right against unreasonable searches and seizures. The Fifth Amendment protects us from compulsion to incriminate ourselves and protects our right to due process before the government can deprive us of life, liberty, or property.

You know these rights, since virtually every cop show since the 1960s recites them. "You have the right to remain silent. Anything you say can and will be used against you in a court of law."

These words are part of the "Miranda rights" or the "Miranda warning." The Supreme Court established them on June 13, 1966, when the U.S. Supreme Court ruled that police must inform suspects of their rights before questioning them. It did so with a 5-4 vote.

For some reason, a picture of Ernesto Miranda brought the whole notion of Miranda rights from the cloud of legal theory to the real stuff of life. On March 13, 1963, the Phoenix Police Department arrested Ernesto Miranda, based on circumstantial evidence linking him to the kidnapping and rape of an eighteen-year-old woman ten days earlier. A jury convicted him and sentenced him to two 20-30 years terms in prison. After the decision by the US Supreme Court, Miranda himself received another trial and a jury convicted him in 1967 again of two rapes. He received a sentence of 20-30 years. He received parole in 1972. He made a modest living in his old neighborhood by taking pictures of officers reading suspects their Miranda rights. On January 31, 1976, after an argument in a bar, someone stabbed him to death. The suspect exercised his right to remain silent. With no evidence against him, the police released him. Another three defendants whose cases had been tied in with Miranda's—an armed robber, a stick-up man, and a bank robber—made plea bargains to lesser charges or the court found them guilty again despite the exclusion of their confessions.

Now, every police officer must make these rights clear. Miranda warnings have had a significant effect on law enforcement, guaranteeing that suspects always know their rights.