The officer while carrying out the arrest
mandatorily utters the following words Miranda
Rights.
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?"
These rights came from
the famous case of Miranda v. Arizona and were called the Miranda Rights
Two key amendments of the Constitution were made
for providing Miranda Rights to the accused
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
!!) Guaranteeing to
every person that she/he shall not be deprived of her/his life, liberty or
property without due process.
Story behind it
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.
Ann described the
rapist as a Mexican man, about 27 or 28 years old,
The detectives identified three-four men
matching the description, which included Miranda as well.
Ann was called to the
station to identify the rapist. She did not positively identify Miranda and
merely said that he looked similar.
Thereafter, Ann was brought to the room and
Miranda was asked, 'whether that was the girl?' to which he
responded in the affirmative. Detectives asked Miranda if he would sign a
confession, to which he agreed.
Years later, Miranda
described his experience in the interrogation room ,and said he was frightened,
scared. And not knowing if he'll be able to get back and go home."
His lawyer Alvin Moore argued
·
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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