Laws laid down by supreme court

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 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

 Fifth Amendment

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.

Fourteenth Amendment 

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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