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What Are the Miranda Rights?


The Miranda Rights have been an important part of the criminal justice system in the United States since 1966. Many people are familiar with some of the language of the Miranda Rights since it is often shown on television or movies. However, many people are not familiar with the history and importance of the Miranda Rights.

Who Is Miranda?
The Miranda Rights, also called the Miranda Warning, were named for Ernesto Arturo Miranda. Miranda was a laborer who confessed to serious charges, including rape and kidnapping, during police interrogation.

Miranda’s case regarding self-incrimination made its way all the way to the United States Supreme Court. The result of Miranda vs. Arizona was that Miranda’s conviction was overturned. However, he was later found guilty without the evidence of his confession.

When Were the Miranda Rights Implemented?
Miranda confessed to his crimes in 1963. In November of 1965, the United States Supreme Court agreed to hear the Miranda vs. Arizona case.

The ruling in favor of Miranda was announced on June 13, 1966, and the opinion was written by Chief Justice Earl Warren. The Miranda Rights were implemented shortly thereafter, and they are still being used by law enforcement personnel across the United States today.

What Is the Purpose of the Miranda Rights?
Miranda’s confession was thrown out by the Supreme Court because they determined that his confession was the result of improper interrogation procedures.

The Miranda Rights protect all Americans when they are arrested. There are several different parts of this ruling. The Miranda Rights can vary by state and city, but they all have the same basic components. First, a person must be informed that they have the right to remain silent, and what they say or do can be used against their case in court proceedings. Next, a person is informed that they have the right to an attorney, even if they cannot afford to hire one. A public defender is used to work with those who have no attorney. Lastly, the person is informed that they can stop answering questions at any time until their attorney is present.

Why Are the Miranda Rights Important?
America’s justice system is built upon the belief that all people are innocent until proven guilty. The Miranda Rights ensure that a person knows their Constitutional rights when they are arrested.

A person must verbally agree to these rights when they are arrested. This prevents the defense from arguing that their client did not know they had the right to remain silent.

Article provided by: Law Offices of David Michael Cantor. The Law Offices of David Michael Cantor is an AV rated law firm and one of the premier Criminal Defense law firms in Arizona.

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