MiamiCubano
El Martillo (My Boxing Name)
Not to step into anyone else's territory, but I just found this of interest and thought I'd offer it up.
"Miranda Rights" are established in a decision handed-down by the US Supreme Court in Miranda v. Arizona. This 5 to 4 decision established that all criminal suspects must be advised of their rights prior to being interrogated.
The Miranda decision begins in 1963, when an 18 year old Phoenix woman alleged she was taken into the desert and raped. Detectives questioning her asked her to undergo a polygraph examination, the results of which were deemed to be "inconclusive." However, when tracking the license plate number of a vehicle that resembled her alleged attacker's, the authorities were led to Ernesto Miranda. Ernesto Miranda had a previous record as a peeping tom. Although the victim did not identify Miranda in a line up, he was brought in and interrogated by authorities. What happened next remains in dispute, but authorities left the interrogation with a confession by Miranda. Miranda later recanted this confession when he discovered that he was, at the time of the interrogation, not required to say anything at all.
The confession was extremely brief and in fact differed in certain elements than the version of things told by the accuser. At trial, Miranda's court appointed attorney (who was only paid $100 for his services), called no witnesses whatsoever. Miranda was convicted. While in prison, it was the ACLU that took things up on behalf of Miranda, alleging that the confession was false and coerced.
The Supreme Court overturned this conviction, but later in 1966, he was retried and convicted again despite there being minimal evidence against him. He remained in prison until 1972. In 1976, Ernesto Miranda was stabbed to death in a men's room following a poker game.
Now, Miranda warnings are standard, required protocol and have become known to virtually everyone if, by nothing else, continued use of them in movies/film and television. Though every U.S. jurisdiction has its own regulations regarding what, precisely, must be said to a person when they are arrested or placed in a custodial situation, the typical warning is as follows:
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 at interrogation time and at court.
"Miranda Rights" are established in a decision handed-down by the US Supreme Court in Miranda v. Arizona. This 5 to 4 decision established that all criminal suspects must be advised of their rights prior to being interrogated.
The Miranda decision begins in 1963, when an 18 year old Phoenix woman alleged she was taken into the desert and raped. Detectives questioning her asked her to undergo a polygraph examination, the results of which were deemed to be "inconclusive." However, when tracking the license plate number of a vehicle that resembled her alleged attacker's, the authorities were led to Ernesto Miranda. Ernesto Miranda had a previous record as a peeping tom. Although the victim did not identify Miranda in a line up, he was brought in and interrogated by authorities. What happened next remains in dispute, but authorities left the interrogation with a confession by Miranda. Miranda later recanted this confession when he discovered that he was, at the time of the interrogation, not required to say anything at all.
The confession was extremely brief and in fact differed in certain elements than the version of things told by the accuser. At trial, Miranda's court appointed attorney (who was only paid $100 for his services), called no witnesses whatsoever. Miranda was convicted. While in prison, it was the ACLU that took things up on behalf of Miranda, alleging that the confession was false and coerced.
The Supreme Court overturned this conviction, but later in 1966, he was retried and convicted again despite there being minimal evidence against him. He remained in prison until 1972. In 1976, Ernesto Miranda was stabbed to death in a men's room following a poker game.
Now, Miranda warnings are standard, required protocol and have become known to virtually everyone if, by nothing else, continued use of them in movies/film and television. Though every U.S. jurisdiction has its own regulations regarding what, precisely, must be said to a person when they are arrested or placed in a custodial situation, the typical warning is as follows:
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 at interrogation time and at court.