The Miranda Warning

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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 can’t afford an attorney one will be provided for you. Whether it’s from the movies, T.V. or a real life experience, at some point in time everybody has heard a police officer read a suspect their rights. The Miranda warning is given by police officers to inform you of your rights. But where did the Miranda warning get its start, and what rights does it actually protect? In 1963 Phoenix, Arizona resident, Ernesto Miranda, was arrested on charges of rape, kidnap, and burglary. During a grueling two hour-long interrogation, Miranda allegedly confessed to these crimes (McBride, 2006). Only finishing school up until the ninth grade, Ernesto wasn’t considered a very educated man. His lack of education, paired with the fact that he had a history of mental instability, made a confession from Miranda easily obtainable without having council present to represent him. With his recorded confession, the prosecution was able to convict Miranda of rape and kidnapping, thus sentencing him to 20 to 30 years in prison (McBride, 2006). After the Arizona Supreme Court threw out his appeal, Miranda appealed to the U.S. Supreme Court. The Supreme Court reviewed the case in 1966 and in a five to four decision ruled that the prosecution could not use Miranda’s confession as evidence in his trial (McBride, 2006). The Supreme Court stated that the confession was obtained unconstitutionally because the police failed to inform Miranda of his rights. Thus, to protect these rights in the face of widespread ignorance of the law, the Court devised statements that the police are required to tell a defendant who is being detained and interrogated (McBride, 2006). These statements are now called the Miranda Rights. You have the right to remain

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