You may have never heard the words spoken directly to you before, but in one way or another you are probably familiar with this phrase:
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 your rights?
But what does it all mean, and why are these statements so frequently recited?
As criminal defense lawyer Henry Wade, of The Wade Law Firm in Texas explains, the statements have become a statute of law developed out of the verdict from the case, Miranda v. Arizona, and a number of subsequent cases.
Miranda Warning
According to Cornell University Law School Legal Information Institute, in 1963, Ernesto Miranda was arrested and charged for robbery in Arizona. While in police custody, Miranda signed a written confession to the robbery and several other crimes he had committed but had not yet been charged with. Relying solely on his confession, the prosecutor was able to convince the court of Miranda’s guilt. After his conviction, Miranda’s lawyers appealed the decision to the Arizona Supreme Court, arguing that Miranda did not know he had Constitutional rights that protected him from self-incrimination. After the appeal was ultimately dismissed by the Arizona Supreme Court, it was brought in front of the Supreme Court for review in 1966.
The Supreme Court ruled that anything a defendant said while in custody of the police could not be used as evidence to prosecute them, unless they were first informed of their right to remain silent. The ruling said that the Constitution’s fifth and sixth amendments provided individuals with the rights to refuse to be a witness against themselves, as well as the right to an attorney.
In order to ensure that these rights remained protected, the Court developed a set of statements that officers must recite to any defendant who is being arrested or questioned. It has since become the practice across the country, although the wording sometimes varies. Once this warning, now referred to as Miranda Warning, is issued, and the suspect replies that he understands that everything that is admitted to or spoken about can become legal evidence.
