Miranda’s Case

          “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 speak with an attorney and to have an attorney present during any questioning.  If you can not afford a lawyer, one will be provided for you at government expense.”

The statement above is called the Miranda Rights. It was created after the court case Miranda vs.Arizona.  In 1963, Ernesto Miranda was charged with attempted rape, kidnap, and armed robbery. While Miranda was in police custody, he signed a written confession to all of the alleged crimes.  At the top of his confession he stated that he was confessing this with “full knowledge of my legal rights, understanding that any statement I make may be used against me”. He was convicted, but without knowing it, Miranda had protected himself from self-incrimination.  The conviction was overthrown.  In 1966, the court established the Miranda rights, but prosecutors later retried the case using actual evidence, and he was convicted.  He served 11 years in prison.  In 1976, Miranda was fatally stabbed in a bar fight.  He was 34 years old.  The suspect of his murder was arrested, but used his right to remain silent.  His charge was dropped.