Simone Lawson
The Miranda rights, or the Miranda warning, are part of the Fifth Amendment and Sixth Amendment of the US Constitution. The concept of the Miranda warning was established in 1966, in the case of Miranda v. Arizona, when the US Supreme Court ruled that Ernesto Miranda's Fifth and Sixth Amendment rights had been violated during his arrest and trial for armed robbery, kidnapping, and rape. The Miranda warning outlines the rights of people in the US upon arrest, including the right to remain silent and the right to an attorney.
| Characteristics | Values |
|---|---|
| Origin | The Miranda rights originated from the 1966 U.S. Supreme Court case Miranda v. Arizona |
| Constitutional basis | Fifth Amendment, Sixth Amendment, and Fourteenth Amendment of the U.S. Constitution |
| Application | Applies when a person is in police custody and about to be questioned |
| Rights | Right to remain silent, right to an attorney, right against self-incrimination, right to have counsel |
| Duty to warn | Triggered by custody and interrogation |
| Waiver | Suspects can waive their Miranda rights |
| Exclusion of evidence | Statements made before being read the Miranda rights can be used in a court of law |
| Law enforcement | Law enforcement officials are not required to offer a Miranda warning during an arrest |
| Supreme Court rulings | In 2022, the Supreme Court ruled that law enforcement officers cannot be sued for failing to issue the Miranda warning |
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What You'll Learn
The Miranda warning and the Fifth Amendment
The Miranda warning is a set of guidelines that law enforcement officers in the United States must follow when dealing with a detained suspect. It was established in 1966 following the case of Miranda v. Arizona, in which the U.S. Supreme Court ruled that law enforcement officers must inform suspects of their constitutional rights before interrogating them. The ruling was based on the Fifth Amendment's protection against self-incrimination and the Sixth Amendment's right to counsel.
The Fifth Amendment to the U.S. Constitution states that "no person shall be compelled in any criminal case to be a witness against himself". This means that the government cannot force individuals to provide information that may be used against them in a criminal trial. The Miranda warning is designed to protect individuals' Fifth Amendment rights by ensuring that they are aware of their right to remain silent and their right to consult with an attorney before and during questioning.
The specific rights that are included in the Miranda warning vary from state to state, but generally include the right to remain silent, the right to consult with an attorney, and the right to have an attorney present during interrogation. Individuals must also be informed that anything they say can be used against them in court and that if they cannot afford an attorney, one will be provided for them.
It is important to note that the Miranda warning only applies when an individual is in police custody and is about to be interrogated. Custody, in this context, refers to formal arrest or any situation where an individual's freedom is restricted to the extent associated with formal arrest. Interrogation refers to explicit questioning or actions that are likely to elicit an incriminating response.
The Miranda warning has had a significant impact on law enforcement in the United States, changing the way that suspects are interrogated and their rights are protected. It is now a routine part of police procedure and has been the subject of numerous Supreme Court cases that have clarified and refined the warning's application.
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The Sixth Amendment and the right to counsel
The Sixth Amendment of the US Constitution grants criminal defendants the right to counsel in federal prosecutions. This right to counsel is not limited to federal prosecutions, however, as the Supreme Court's ruling in Gideon v. Wainwright (1963) extended this right to state prosecutions as well. The Sixth Amendment right to counsel is triggered at the initiation of adversary judicial criminal proceedings, as clarified in Fellers v. United States (2004). This right applies only to critical stages of criminal prosecutions, as seen in Hamilton v. Alabama (1961).
The right to counsel guarantees criminal defendants the assistance of a lawyer in their defence, regardless of their ability to pay for one. This right ensures that defendants have access to zealous advocacy and effective legal representation. In Nix v. Whiteside (1986), the Supreme Court ruled that an attorney has an ethical duty to refuse to cooperate with a defendant in presenting perjured evidence at trial.
The Sixth Amendment right to counsel is a fundamental aspect of the US justice system, providing defendants with the assistance of legal counsel during criminal trials. This right is a crucial safeguard, ensuring that individuals facing criminal charges have the necessary resources to mount a defence and receive a fair trial.
The Miranda Warning, established in 1966, is a direct result of the Sixth Amendment right to counsel. The Miranda Warning informs individuals in police custody of their constitutional rights, including the right to remain silent and the right to consult with an attorney during interrogation. This warning ensures that suspects are aware of their rights, allowing them to make informed decisions during police questioning.
It is important to note that the Miranda Warning includes elements of the Fifth Amendment (protection against self-incrimination) and the Sixth Amendment (right to counsel). This warning is a critical safeguard for individuals under criminal investigation, protecting their rights during police custody and interrogation.
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The Fourteenth Amendment and its application to all 50 states
The Fourteenth Amendment (Amendment XIV) to the United States Constitution, passed on July 9, 1868, is considered one of the most consequential amendments. It addresses citizenship rights and equal protection under the law at all levels of government. The amendment was introduced as part of the Reconstruction Amendments following the Civil War to guarantee equal civil and legal rights to Black citizens, particularly those who had been enslaved.
Section 1 of the Fourteenth Amendment formally defines United States citizenship, stating that "All persons born or naturalized in the United States, and subject to the jurisdiction thereof, are citizens of the United States and of the State wherein they reside." This provision was specifically intended to grant citizenship to formerly enslaved people, ensuring that they were afforded the same rights and protections as all other citizens.
The Fourteenth Amendment also includes the Due Process Clause, which applies the protections of the Bill of Rights to state governments. This clause states that "No State shall make or enforce any law which shall abridge the privileges or immunities of citizens of the United States; nor shall any State deprive any person of life, liberty, or property, without due process of law; nor deny to any person within its jurisdiction the equal protection of the laws." In other words, it guarantees that all citizens have the right to due process of law and equal protection under the law, regardless of the state in which they reside.
The Fourteenth Amendment has been used to challenge discriminatory laws and practices, such as racial segregation in public schools and interracial marriage bans. For example, in Brown v. Board of Education (1954), the Supreme Court relied on the Fourteenth Amendment to prohibit racial segregation in public schools. Similarly, in Loving v. Virginia (1967), the Court used the Fourteenth Amendment to strike down bans on interracial marriage. These cases demonstrate how the Fourteenth Amendment has been applied to ensure equal protection and prevent discrimination across all 50 states.
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The Miranda ruling's impact on police procedure
The Miranda ruling, which arose from the case of Miranda v. Arizona, has had a significant impact on police procedure in the United States. The ruling established that law enforcement must warn a person of their constitutional rights before interrogating them, and this warning has become known as the "Miranda warning". This has become embedded in routine police practice and has changed the way police officers interact with suspects.
The Miranda warning includes elements of the Fifth Amendment (protection against self-incrimination), the Sixth Amendment (the right to counsel), and the Fourteenth Amendment (application of the ruling to all 50 states). The ruling requires that a person in custody must be clearly informed of their right to silence, their right to a lawyer, and that anything they say can be used against them in court. This has led to the creation of "Miranda cards", which contain the text of the warning to be read to arrestees.
The impact of the Miranda ruling on police procedure is that officers must now ensure that suspects are aware of their rights before any interrogation takes place. This includes the right to remain silent and the right to consult with a lawyer. If a suspect chooses to waive these rights and speak with the police, any subsequent voluntary statements may be treated as a waiver of their rights and used as evidence. However, if a suspect asserts their right to silence, any information obtained after that assertion may not be used as substantive evidence, but any physical evidence obtained as a result can still be used.
The Miranda ruling has also had an impact on police training and interrogation techniques. Police manuals have had to be updated to reflect the new requirements, and officers must now be trained on how to properly administer the Miranda warning. The ruling has also affected the way interrogations are conducted, as officers must now ensure that suspects understand their rights and voluntarily waive them before any questioning takes place. This has led to changes in the tactics used by police to obtain confessions or gather evidence.
While the Miranda ruling has had a significant impact on police procedure, its effectiveness and consequences are still debated. Some argue that it has made it easier for police to obtain coerced confessions, as they can continue to ask questions even if a suspect chooses to remain silent. Others believe that police have adjusted their practices in response to Miranda and that it has not hampered investigations. The ruling has also been subject to various interpretations and exceptions, such as the Harris exception, the Burbine rule, and the Fare rule, which have further shaped police procedures and interrogation tactics.
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Ernesto Miranda's original conviction and subsequent retrial
On March 13, 1963, Ernesto Arturo Miranda was arrested by the Phoenix Police Department and charged with the kidnapping and rape of an 18-year-old woman. During a two-hour interrogation, Miranda was not advised of his constitutional rights to an attorney nor against self-incrimination. Nonetheless, he signed a written confession, admitting to the crimes.
Miranda's confession was used as the primary piece of evidence during his trial, which began on June 20, 1963. His lawyer, Alvin Moore, objected to the confession being introduced as evidence, but the objection was overruled. On June 27, 1963, Miranda was convicted and sentenced to two concurrent terms of 20-30 years in prison.
Moore appealed the conviction to the Arizona Supreme Court, but the lower court's ruling was upheld. The case was appealed again and landed before the United States Supreme Court in early 1966. On June 13, 1966, the Supreme Court ruled in Miranda's favour, determining that due to the intimidating nature of police interrogations, suspects must explicitly waive their Fifth Amendment right against self-incrimination and their Sixth Amendment right to an attorney.
Following the Supreme Court decision, Miranda's initial conviction was invalidated, and the state of Arizona retried him. Miranda's second trial began on February 15, 1967. This time, his confession was not introduced into evidence, but he was still convicted on March 1, 1967, based on testimony given by his estranged common-law wife, who was ruled as admissible to testify against her husband. Miranda was sentenced to 20-30 years in prison but was paroled in 1972.
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Frequently asked questions
Miranda rights are the rights given to people in the United States upon arrest. The rights include the right to remain silent and the right to an attorney.
The concept of Miranda rights was enshrined in U.S. law following the 1966 Miranda v. Arizona Supreme Court decision, which found that the Fifth and Sixth Amendment rights of Ernesto Arturo Miranda had been violated during his arrest and trial for armed robbery, kidnapping, and rape.
The Supreme Court overturned Miranda's conviction on June 13, 1966, establishing guidelines for how detained suspects are informed of their constitutional rights. Miranda was subsequently retried and convicted.
