Miranda v Arizona
The Miranda Rights
Ernesto Miranda was arrested by the Phoenix Police Dept based on circumstantial evidence linking him to the kidnapping and sexual assault of an eighteen year old girl. He was not told of his right to counsel and his right from self-incrimination and signed a confession after 2 hours of interrogation.
- Procedural due process - Principle required by the Constitution that when the state or federal government acts in such a way that denies a citizen of a life, liberty, or property interest, the person must first be given notice and the opportunity to be heard.
- Self-incrimination - The act of confessing to a crime. Protected by the fifth amendment.
- Miranda Rights - the right to silence given by the police when taking a suspect into custody
The Court specifically outlined the necessary aspects of police warnings to suspects, including warnings of the right to remain silent and the right to have counsel present during interrogations.
Does the police practice of interrogating individuals without notifiying them of their right to counsel and their protection against self-incrimination violate the Fifth Amendment?
Police now had to read suspects of their rights to remain silent and to have counsel during interrogations from then on. Criminals already in prison now had the ability to appeal their cases if they were not informed of these rights.
Now, all suspects being apprehended by the police are informed of their rights to silence and counsel.
People not aware of some of their rights could be informed of any new rights they get in the future, similar to how they now are read their rights in the Miranda Warning.