Anyone who has ever watched a crime show on television probably will have heard the Miranda warning or some variation of it: “You have the right to remain silent…etc.” However, you might not know that the Miranda warning exists outside the realm of television, in real life. In fact, it is an integral part of an American citizen’s legal rights, designed to protect a person who has been accused, but not convicted, of a crime. But what is the Miranda warning, and how is it applied?
The Miranda warning originates from the 1966 Miranda v. Arizona case. The suspect, Ernesto Miranda, confessed to committing a crime while being questioned by police. He was not informed by the police questioning him that he had the right to remain silent or that he had the right to an attorney during the questioning. The case went to the U.S. Supreme Court, who ruled that Miranda’s Fifth Amendment right (the right not to incriminate oneself in a crime) had been violated, and that his statements could not be used as evidence. (Later Miranda was tried again with new evidence not obtained from his questioning and convicted.)
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