Wednesday, August 20, 2014

101 Things

An Author Needs to Know

About the Police and the Law

Where did the Miranda rights come from?

"Miranda's full name was Ernesto Miranda. He was arrested in 1963 after a kidnapping and sexual assault in Phoenix, Arizona. After two hours of interrogation without access to a lawyer, he signed a written confession to the crimes. When the case went to trial, the court allowed the confession into evidence, even though Miranda had not been told of his rights to remain silent and to have an attorney present. In a 5-4 decision on Miranda v. Arizona, the Supreme Court ruled that the confession could not be used in court, as it was obtained without due process.

The standard list of rights now read to a person upon being arrested are known as the Miranda rights, as they are taken from, and required by, this decision.

 The decision states: The person in custody must, prior to interrogation, be clearly informed that he has the right to remain silent, and that anything he says will be used against him in court; he must be clearly informed that he has the right to consult with a lawyer and to have the lawyer with him during interrogation, and that, if he is indigent, a lawyer will be appointed to represent him.

This did not end up helping Miranda himself. On being tried again, this time without the confession being used in court, he was again found guilty, and served eleven years in prison. He was later stabbed to death in a bar fight. The suspected killer was read his Miranda rights, opted to remain silent, and fled to Mexico. The murder case was closed."


Tamara said...

This is really interesting history, Jody. Thanks.

Jody E. Lebel said...

@Tamara. I just saw your post. Don't know what happened to it in my feed...but anyway...yes, kinda ironic that his killer was probably given his rights because of Mr. Miranda, which he invoked, which enabled him to get out of jail on bail to await further proceedings, which gave him time and opportunity to escaped. I don't usually feel bad for killers but ...oh, hell, I still don't feel bad for him.