The officer while carrying out the
arrest mandatorily utters the following words
"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?"
Fifth Amendment and the Fourteenth Amendment in the
constitution
The Fifth Amendment guarantees the right
against self-incrimination
!)No person shall be compelled in a criminal case to be a
witness against himself, nor be deprived of life, liberty, or property, without
due process of law.
The Fourteenth Amendment contains the due process clause
On 3 March 1963, in Phoenix, Arizona an 18-year-old woman
named Ann Jameson (name changed) was walking home by herself. Suddenly, a car
pulled her up and the driver Ernesto Miranda forcefully dragged her in the car.
She was tied up using ropes and Miranda told her that he wouldn't hurt her if
she remained quiet. Ann did not scream for help. He raped her and later dropped
her to the spot she was picked from. Ann reached home and informed her sister,
who called the police.
·
that
during the interrogation, Miranda did not know that he had any rights, not to
witness against himself
·
that
practice to advise the arrested individuals that they are entitled to the
services of an attorney before making any statements not followed
Arizona Supreme Court and later before the
United States Supreme Court. Miranda's lawyer had two key arguments i.e.
(a)
Miranda was coerced into confession
(b) An
accused has a right to see an attorney before her/his trial.
Supreme Court
Ultimately held that prosecution cannot use statements that stem from the
interrogation of the accused unless it has complied with certain procedural
safeguards. The procedural safeguards were as follows,
'Prior to any
questioning, the person must be advised that he has a right to remain silent,
that any statement he does make may be used as evidence against him, and that
he has a right to the presence of an attorney, either retained or appointed.
The defendant may waive these rights, provided the waiver is made voluntarily,
knowingly, and intelligently.'
This is how practice of
pronouncing these words follows now before arresting any person
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