The History Of The Miranda Rights
The History Of The Miranda Rights
You’ve likely heard that when you are arrested you will be read your Miranda rights. Do you know what the Miranda warning is and where it originated from?
In March of 1963, Ernesto Arturo Miranda was picked up for questioning by the Phoenix police department. After police told him that he had been positively identified by the victim of his crime, he confessed.
However, during the questioning, he was never told that he had the right to remain silent, or that he had the right to have an attorney present.
In 1965 his case, along with three other similar cases, went before the U.S. Supreme Court. The attorneys submitted the argument that Miranda’s Fifth and Sixth Amendment rights had been violated.
In 1966 the U.S. Supreme Court agreed, and in a ruling in the case of Miranda v. Arizona established that a suspect has the right to remain silent and that prosecutors may not use statements made by defendants while in police custody unless the police have advised them of their rights.
This began the practice of stating a defendants Miranda rights. Most states use the following version of the Miranda warning:
“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 provided for you. Do you understand the rights I have just read to you? With these rights in mind, do you wish to speak to me?”
You should know what to do in the event of an arrest. First and foremost? You need to get out of jail.
If your friend or loved one has been arrested in South Central Louisiana, contact Mud Bug Bail Bonds to get started on the bail bonds process please give us a call at (337)466-3533.