In 1966, the United States Supreme Court decided the case of Miranda v. Arizona. The case was focused on criminal suspects' Fifth Amendment's privilege against compelled self-incrimination. The Court that that in order to protect against compelled confessions or admissions, police are required to advise suspects of the now-familiar Miranda warnings:
"You have the right to remain silent. You have the right to have an attorney present during questioning. Anything you say may be used against you in court. If you cannot afford an attorney, one will be appointed to represent you free of charge."
The warnings must be read prior to custodial interrogations. "Custody" is defined as occurring when a reasonable person in the position of the suspect would feel that he or she was under arrest. "Interrogation" consists of words or actions of the police which call for an incriminating response.
Once warnings have been read, the suspect must indicate that he or she waives the rights announced in Miranda. The waiver must be knowing, intelligent, and voluntary. This means that the police must show that while the suspect understood the rights , he or she makes a voluntary decision to talk to the police.
In 1966, the Supreme Court ruled in Miranda v Arizona that criminal suspects must be informed of their right to an attorney and their right not to make incriminating statements. If suspects are not read their rights, then none of their subsequent statements will be admissible in a court of law, even if they make a full confession. In this particular case, the plaintiff, Miranda, had indeed confessed to the crime. However, because his confession had been made without the police reading him his rights, his conviction was ruled unsafe by the Supreme Court and was therefore thrown out. The case then went back to the state court for retrial; this time, Miranda was convicted because the prosecution's evidence did not include his original confession.
The case was a landmark in civil rights, one of a number that came before the Warren Court. It led to greater protection for criminal suspects and gave birth to the Miranda warning, made famous by countless TV shows and movies:
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?
No comments:
Post a Comment