Miranda v. Arizona [ACLU MT Rights]

Miranda v. Arizona, 384 U.S. 436 (1966)

"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 appointed for you.
Do you understand each of these rights I have explained to you?"

"...if an accused is not already informed of his rights, or did not understand them, a confession is inadmissible."

Phoenix, Arizona, 1963. Ernesto Miranda, a poor Mexican immigrant is arrested for kidnapping. After two hours in an interrogation room, police emerge with a signed confession. He's convicted and sentenced to 60 years. But the police never told Miranda about his Fifth Amendment rights: his right to counsel, his right not to incriminate himself. So he appeals.

In 1966 the U.S. Supreme Court rules that if an accused is not already informed of his rights, or did not understand them, a confession is inadmissible. "[The case] before us," states Chief Justice Earl Warren, "raises questions which go to the roots of our concepts of American criminal jurisprudence: the restraints society must observe consistent with the Federal Constitution in prosecuting individuals for crime." You have right to remain silent, the right to an attorney, we now call them: the "Miranda warnings."

For more...

Supreme Court Reviews & "Miranda" Ruling

Kids' Almanac - U.S.: You Have the Right

FindLaw® full text of decision.

Oyez® audio of arguments.

AMENDMENT 5 Due Process of Law

Passed by Congress September 25, 1789. Ratified December 15, 1791.

[Amendment 5] No person shall be held to answer for a capital, or otherwise infamous crime, unless on a presentment or indictment of a Grand Jury, except in cases arising in the land or naval forces, or in the Militia, when in actual service in time of War or public danger; nor shall any person be subject for the same offence to be twice put in jeopardy of life or limb; nor shall be compelled in any criminal case to be a witness against himself, nor be deprived of life, liberty, or property, without due process of law; nor shall private property be taken for public use, without just compensation. [^].

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