Ernesto Miranda

Ernesto Arturo Miranda ( b. March 9, 1941, Mesa, Arizona - d. January 31, 1976, Phoenix, Arizona) was a laborer whose conviction on rape charges based on his confession under police interrogation resulted in the landmark U.S. Supreme Court case (Miranda v. Arizona) which ruled that a police officer upon arresting a person must read him his rights to counsel and to remain silent.

Miranda v. Arizona

In November, 1965, the Supreme Court agreed to hear Miranda's case, Miranda v. Arizona, along with four other similar cases to clear all misunderstandings created by the ruling of Escobedo v. Illinois. That previous case had ruled, "when police are no longer conducting a general inquiry into an unsolved crime but are focusing on a particular suspect in custody, refusing to allow that suspect to consult with an attorney and failing to warn the suspect of his right to remain silent is denial of the assistance of counsel in violation of the Sixth Amendment". In January 1966, Flynn and Frank submitted their argument stating that Miranda's Sixth Amendment right to counsel had been violated by the Phoenix Police Department. Two weeks later the state of Arizona responded by stating that Miranda's rights had not been violated. The first day of the case was on the last day of February 1966. Because of the four other cases and other information the case had a second day of oral arguments on March 1st 1966.

Related Topics:
1965 - Supreme Court - Miranda v. Arizona - Escobedo v. Illinois - Sixth Amendment - 1966 - Phoenix - Arizona - March 1st

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Alvin Moore for Miranda, along with the Lewis & Roca attorneys, outlined the case and then stated that Miranda had not been advised of his right to remain silent when he had been arrested and questioned, adding the Fifth Amendment argument to his case. Moore contended that an emotionally disturbed man like Miranda, who had a limited education, shouldn?t be expected to know his Fifth Amendment right not to incriminate himself.

Related Topics:
Fifth Amendment

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Gary Nelson spoke for the people of Arizona, arguing that this was not a Fifth Amendment issue but just a attempt to expand the Sixth Amendment Escobedo decision. He urged the justices to clarify their position, but not to push the limits of Escobedo too far. He then told the court that forcing police to advise suspects of their rights would seriously obstruct public safety.

Related Topics:
Fifth Amendment - Sixth Amendment

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The second day had others from the other cases and some arguments. Thurgood Marshall, the former NAACP attorney, was the last to present his stand on the case.

Related Topics:
Thurgood Marshall - NAACP

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Chief Justice Earl Warren wrote the opinion in Miranda v. Arizona. The decision was in favor of Miranda. It stated that

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: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 court; 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.

Related Topics:
Right to remain silent - Indigent

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The opinion was released on June 13, 1966. Because of the ruling, police departments around the country started to issue Miranda Warnings. Typically, they read

Related Topics:
June 13 - 1966 - Miranda Warning

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:You have the right to remain silent. If you give up that right, anything you say can and will be used against you in a court of law. You have the right to an attorney and to have an attorney present during questioning. If you cannot afford an attorney, one will be provided to you at no cost. During any questioning, you may decide at any time to exercise these rights, not answer any questions or make any statements.

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