A legal situation in 1966 precipitated the development of our current Miranda rights. These rights uphold the United States Constitution's Fifth Amendment which protects accused individuals from incriminating themselves before having the opportunity to consult with a criminal defense attorney.
Most of us are familiar with the wording of the Miranda rights,
but few of us are familiar with the situation behind them. We know that an accused criminal has the right to remain silent, otherwise anything he says may very well be used against him during trial. We also know that he has the right to legal counsel from his own lawyer or one appointed for him by the court. This lawyer will be by his side through any questionings before and during his trial.
While the official wording of this statement is commonly heard often in today's police investigation TV series, the Miranda rights have only been with us for the past 50 years. In 1963, Ernesto Miranda was accused of stealing $8 from a bank worker in Phoenix, Arizona. His conviction of 20 years in jail was based on his confession in court of not only stealing the money, but also kidnapping and raping a woman 11 days earlier.
Since no criminal defense attorney was by his side during the trial, Ernesto Miranda's attorneys appealed first to the Arizona Supreme Court and then the U.S. Supreme Court. The U.S. Supreme Court granted another trial at which Miranda's earlier confession would not be considered, and thus the Miranda rights to silence and the presence of a lawyer were established.
In essence the Miranda rights protect an accused individual from incriminating himself before consulting with a hired or appointed criminal defense attorney. Anything said before the Miranda rights are read will be discounted by the court. Only questions answered and statements made after the accused has been informed of his rights will be upheld and used during his trial.
Ironically, Ernesto Miranda became the victim of a fatal stabbing, and his attacker walked free because of the Miranda right to silence.
An Overview of the Miranda Rights
The right to remain silent is just that, you don't have to say a word. However, your silence itself may be an incriminating factor in the eyes of some authorities. Usually a criminal defense attorney will advise you to inform the police that your lawyer has told you not to talk until he's present. It's much better to blame your silence on your lawyer, and he won't mind at all!
This right to remain silent prevents you from incriminating yourself before your trial. As stated in the second sentence, anything you say after you've been informed of your Miranda rights can be used as evidence during your trial.
An accused individual has the right to hire an attorney who will provide legal advice and leadership during any times of questioning, both before and during the trial. This right upholds the Fifth Amendment of our country's Constitution, the right to legal counseling. For those who can't afford their own criminal defense attorney, a lawyer may be appointed if the accused individual chooses.
Violations of the Miranda Rights
If you feel that your Miranda rights have been violated in any way. If words that you spoke before being informed of your rights were used against you in court, or if the police never informed you of your Miranda rights, contact a criminal defense attorney today!
