The purpose of our blog is to give you an insight of the Miranda rights and what can happen in the event you have not received your Miranda rights properly.
This is what you don't want to happen.
Where Did the Phrase Miranda Rights Come From?
Most of us have heard the phrase 'miranda rights or warnings' through movies or TV shows but did you ever wonder about the real story behind it?
Miranda rights were established in 1966 following the court case of Miranda v. Arizona.
Ernesto Miranda was arrested after he was charged with kidnapping and rape of an 18 year old girl.
After hours of police interrogation, he signed a confession but his conviction was overturned because he was never informed of his rights before the questioning began. And from there on, Miranda warnings were established to made suspects aware of their rights when they are arrested.
Miranda warning guidelines state a suspect must be told that they have the right to remain silent, anything the suspect says is admissible in court, and lastly they have the right to an attorney and one is assigned to them if they cannot afford one.
The Miranda warnings are taken so seriously in law enforcement that if the suspect speaks a different language or is deaf, an interpreter or other alternative methods are used to explain the rights. Some jurisdictions require a police officer to ask the suspect if they understand their rights after every sentence!
Other countries have their own versions - some more detailed, like in France where suspects are also made aware of their rights to see a doctor.
As for Ernesto Miranda, he was later re-tried and convicted. Sometime after his prison sentence, he was stabbed to death in a bar.
I plead the 5th all the time. Then somehow someone always makes me admit it anyways. So for future reference. " Yea I did it. And I will do it again." Great clip on what not to do as an officer.
ReplyDeleteSara/Rob,
ReplyDeleteThe warning, which is intended to inform you of your rights regarding police questioning, does not have to be read to you if you are not placed under arrest. The reason for this is that if you are not arrested for committing a crime, you are not going to trial, so you don’t need to be warned that what you say can be used against you during trial.
However, if the officer does conduct pre-arrest questioning and feels that the suspect is beginning to make self-incriminating statements, the officer will read the Miranda Warning in order to protect the suspect’s rights and to ensure the statements may be used in court.
Ironic isn't it? Developed to protect the suspect's rights, but if called into question, the court would take the side of the police, thus disregarding the opinion of the suspect.
Great discussion and thanks for the camaraderie throughout the class!
VR
McKnight
Great Job!!
ReplyDeleteJuan Santos
Thanks guys! Awesome getting to know all of you.
ReplyDeleteThis presentation and discussion in class helped me understand when Miranda rights have to be read and when they don't. Thank you.
ReplyDelete