You Have The Right...

Miranda v. Arizona, case code 384 U.S. 436, was held in Supreme Court in 1966. It was a 5-4 decision argued February 28–March 1, 1966 and decided June 13, 1966.

In March 1963, Ernesto Arturo Miranda was arrested for raping an 18-year-old girl. He later confessed to robbery and attempted rape under interrogation by police. At trial, prosecutors offered not only his confession as evidence (over objection) but also the victim's positive identification of Miranda as her attacker. Miranda was convicted of rape and kidnapping and therefore sentenced to 20 to 30 years imprisonment on each charge.


The Court stated that interrogation by a defendant in police custody will be admissible at trial only if the prosecution can show that the defendant was informed of the right to consult with an attorney before and during questioning, along with the right against self-incrimination prior to questioning by police, and that the defendant not only understood these rights, but voluntarily gave them up. According to the Supreme Court:

“The person in custody must, prior to interrogation, be clearly informed that he has the right to remain silent, and that anything he says will be used against him in the court of law; he must be clearly informed that he has the right to consult with a lawyer and to have the lawyer with him during interrogation, and that, if he is indigent, a lawyer will be appointed to represent him.”
Had Miranda been informed of his rights wished to act upon them:

“…at any time prior to or during questioning, that he wishes to remain silent, the interrogation must cease ... If the individual states that he wants an attorney, the interrogation must cease until an attorney is present. At that time, the individual must have an opportunity to confer with the attorney and to have him present during any subsequent questioning.”

However, the Arizona Supreme Court emphasized the fact that Miranda did not specifically request an attorney because the authorities never read or told him his rights. As a result, the Supreme Court rejected the confession, ruling that it would be admissible under the Fifth Amendment (right to remain silent) and Sixth Amendment (right to an attorney). Miranda's conviction was overturned.

In the end, Miranda was convicted by other evidence and served 11 years in prison.

Miranda v. Arizona left a warning famously known as the Miranda warning, a card carried by police officers to read suspects their rights:- Tiffany