Happy Birthday Miranda!

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 at interrogation time and at court.


Thanks to Hollywood those words are very familiar to all of us. On June 13, 1966, the Supreme Court issued its landmark Miranda v. Arizona decision, ruling that criminal suspects had to be informed of their constitutional right to consult with an attorney and to remain silent prior to questioning by police. These rights became known as the Miranda warning. The phrase is now so well known that it has become a verb. When you have been read your rights, you are said to have been "Mirandized."

Did you ever wonder how it all came about? Back in 1963, Ernesto Miranda was arrested for the kidnapping and rape of a young woman. He made a confession to police without having been advised his right to remain silent and to have an attorney present during police questioning. During the trial, prosecutors offered only his confession as evidence and he was convicted. The Supreme Court ruled that Miranda did not understand his right not to incriminate himself or his right to counsel and they overturned his conviction. Miranda was later convicted in a new trial, with witnesses testifying against him and other evidence presented. He served eleven years.

Ironically, when Miranda was killed in a knife fight, his killer was given the Miranda warnings; he invoked his rights and declined to give a statement. He was released and immediately fled to Mexico.

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