Miranda v. Arizona- "The Miranda Warning"

Miranda v. Arizona is one of the cases that most people are familiar with when they think of criminal law.  Television has popularized the "Miranda warning," but very few people could tell you what the case really is about and how this right came into being.

Miranda was arrested on charges of rape, kidnapping and robbery. After being arrested, he was interrogated by police.  However, Miranda was not informed of his rights that are protected by the Constitution. During this interrogation, he confessed to the crimes and his statements were used against him in trial. 

Luckily, the Supreme Court held that a person accused of a crime must be informed of their rights to remain silent, to obtain an attorney and any information given after could and most likely will be held against them in a court of law. 

Most people take these rights for granted today.  We see it everyday on television and hear about it in the news. So it has become common place in today's culture.  But take moment to reflect a world with out these rights.  People could get bullied into confessing for something they did not do, and subsequently convicted due to that confession.  

So what does this mean for the average citizen? 
The Miranda warning  is triggered by two events, 1. a custodial detention (usually arrest) and 2. an interrogation.  An interrogation can be a police officer asking you questions after the arrest, but a simple arrest will not trigger the mandatory warning.  (Do not let TV fool you.) If you are arrested and the police start asking you questions, ask for an attorney or tell the police that you wish to remain silent.  

For more information regarding this case visit: PBS.org   or visit  http://www.uscourts.gov

For more information on a case visit: http://www.wagermankatzman.com/