Miranda v Arizona

The creation of the Miranda rights

Facts of the case

Ernesto Miranda was arrested on March 13, 1963 for the kidnapping and the rape of an eighteen year-old girl. Miranda was interrogated for two hours by the police and had signed a confession saying that he did what he was accused for. However, he was not made aware of his right to counsel. This violated his 5th amendment rights.

Decision and precedent

In a 5-4 majority ruling, the case was decided that it was unconstitutional to not notify the person who was being interrogated his rights. This set the precedent of the Miranda rights, which has become routine in police practice ever since this decision

Significance

Historic-set the precedent of the Miranda warning that every police officer has to say before interrogating someone

Today- every law enforcement officer must say the Miranda warning in every case where there is questioning

Future-every person is able to have the right to an attorney and plead the 5th (self-incrimination)