You’ve seen it a million times in every movie with a cop. As they put the handcuffs on the suspect, there’s one thing they recite without fail: the suspect’s Miranda rights.

It wasn’t always this way. Prior to 1963, the police could get a confession from you even if you were not fully aware of your right to remain silent.

Thankfully, the Supreme Court realized how important it is for a person to be allowed to ignore police questions as part of their Fifth Amendment rights.

Let’s discuss what your Miranda rights are, and how it became a violation of rights for police to extract confessions without advising you of how the constitution protects you.

History of Miranda Rights

Miranda rights originate from a 1963 case in Phoenix, Arizona. Someone brutally raped and murdered a young girl, and the police were on the hunt for suspects.

One of the first suspects they happened upon was a man by the name of Ernesto Miranda. Miranda had a long history of criminal activity, which is likely one of the primary reasons they accused him. Police arrested Miranda and brought him in for questioning.

During questioning, Miranda offered up a signed confession. In this confession, he admitted to everything they accused him of. In addition to this, he supposedly confirmed that he had offered this confession without coercion and with full knowledge of the Fifth Amendment.

The Arizona Supreme Court used this as evidence to convict Miranda. However, his lawyer took issue with this and tried to eliminate the confession as supposed evidence. He was not successful, at least not initially.

Fifth and Sixth Amendment Rights

The American Civil Liberties Union got a whiff of this case. They were not happy, to say the least. They pursued this case to the U.S. Supreme Court.

In essence, the argument in favor of Miranda was that he had not been fully aware of his Fifth and Sixth Amendment rights. The Fifth Amendment protects a person from self-incrimination. This means that no one can force a confession out of you.

The Sixth Amendment is your right to legal counsel, i.e. an attorney. All US citizens can either pay for their own attorney or get one free of charge from the state. Both attorneys have a legal obligation to vouch for that person’s case.

This case held up in court. They acquitted Miranda on the basis that officers had not educated him on his rights. However, they took him to trial again later for additional evidence, and he received a conviction.

Aftermath of the Miranda Case

What happened to Ernesto Miranda? He served 20 years and then was out on parole.

Thanks to this landmark case, all police officers legally had to give suspects their Miranda rights. Initially, they carried around laminated cards and read the rights to them line by line. These days, police officers learn these rights by heart in their training academies.

During his brief years of freedom, a group of men stabbed Miranda to death in a Phoenix bar. In a cruel irony of fate, the men responsible for the killing used their newly-found Miranda rights to remain silent during questioning. To date, no one has been convicted of Ernesto Miranda’s murder.

What Are Your Miranda Rights?

As per the history above, Miranda rights are twofold:

• You do not have to incriminate yourself
• You have the right to a criminal defense attorney

In order for police officers to successfully convict someone, they must initially read them their Miranda rights. This is why if a policeman pulls you over and arrests you, they must read you these rights. If they fail to do so, any statement you make after the fact is not admissible in court.

Further, this is your chance to request a theft lawyer, or any criminal defense lawyer you may need. To be clear, you can still request a lawyer at a later point. Ideally, though, you should have one with you any time the police interrogate you.

Misconceptions about Miranda Rights

Miranda rights are a huge part of popular culture concerning policemen and their work. They are so fundamental that many people think of them first when they imagine an officer’s procedure during arrest.

First of all, a policeman does not have to read your Miranda rights. They should, as any statement after reading them will not be admissible in court. However, a lawyer won’t throw your case out just because the policeman forgot–although forgetting would help you.

Second, Miranda rights do not protect you from other forms that you have incriminated yourself prior to hearing them. For example, if a policeman discovers scheduled drugs in your vehicle, these will work against you. They may also be able to use things you said prior to reading your rights to investigate you further.

Should You Answer Police Questions?

It’s important to understand that police officers are doing everything in their power to find suspects and put them behind bars. Unfortunately, this means that many good people who try to help them get burned. Even if you are innocent and the police seem nice, you should not say anything.

Instead, make sure you have a lawyer present before speaking. A lawyer will tell you what things you can say safely, without incriminating yourself. This is the safest avenue to help the police in their investigation without getting in trouble despite your innocence.

Know Your Rights

Miranda rights are the keystone of the Fifth Amendment and Sixth Amendment rights in the modern age. This is a firm reminder from law enforcement that you have no obligation to confess or speak to them without legal counsel. You should be fully aware of your Miranda rights even if the policemen fail to read them to you.

Follow our blog for more useful topics.