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 present during questioning. If you cannot afford an attorney, one will be appointed for you. Do you understand these rights?
"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 present during questioning. If you cannot afford an attorney, one will be appointed for you. Do you understand these rights? "
This phrase was so immensely popularized by U.S. police dramas, that lot of people even consider it to be coined with the founding of the first organized police units. Also because it was repeated so often no one actually understands its importance. Actually this list of basic rights appeared in the 60th during the case of Ernesto Arturo Miranda and even had few years and cases of prehistory.
In March 1963 during the Miranda vs. Arizona case Ernesto Arturo Miranda confessed to robbery and attempted rape under interrogation by police. Miranda was convicted of rape and kidnapping and sentenced to 20 to 30 years imprisonment. His confessions were not only used as evidence but also as also the victim's positive identification of Miranda as her assailant. After the sentence Miranda's court-appointed lawyer, John J. Flynn, appealed to the Arizona Supreme Court. The Supreme Court reviewed the case and stated that due to the coercive nature of the custodial interrogation by police, no confession could be considered as evidence unless a suspect had been made aware of his rights and the suspect had then waived them. Also the Supreme Court stated that if the individual indicates in any manner, prior to or during questioning, that he wishes to remain silent, the interrogation must cease. Also if the individual states that he wants an attorney, the interrogation must cease until an attorney is present. The Miranda case actually became a consolidated with a number of similar cases and was a success in the fight for the civil rights. In the 60th many lawyers considered the police interrogation practices to be barbaric and unjust.
At first the Miranda rights were viewed in a negative way, because lot of people considered it to be somehow wrong to read rights to a man who just robbed or killed someone. Slowly over the years the phrase was accepted and later popularized by the cinema. Over the years people began viewing it as a contribution to the legitimacy of police interrogations and indication that both of the sides (the officer and the suspect) are aware of the suspects’ rights.
The Canadian version sounds a bit different but contains all the important rights like the American one, plus it contains one more piece of more important information – the charge of the arrested person.
"You are under arrest for robbery (or any other charge), do you understand? You have the right to retain and instruct counsel without delay. We will provide you with a toll-free telephone lawyer referral service, if you do not have your own lawyer. Anything you say can be used in court as evidence. Do you understand? Would you like to speak to a lawyer?"
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