On this day in 1966, the Supreme Court handed down its decision in Miranda v. Arizona, establishing the principle that all criminal suspects must be advised of their rights before interrogation. It was a case in which the defendant, who was subsequently charged and convicted of kidnapping and rape, claimed his confession was false and coerced. The appeal was taken up by the American Civil Liberties Union (ACLU).
Miranda established that the accused must be informed that he or she has the right to remain silent and that if the suspect chooses not to remain silent that anything said can be used against the suspect in court. Before being interrogated the suspect must also be informed of the right to consult with an attorney, and to have legal counsel present during interrogation.
Additionally, the Miranda rule also requires that if the suspect is indigent that he or she be informed that the court will provide counsel. If the suspect decides to remain silent, then the interrogation must end. Any statements obtained in violation of the suspects’ Miranda rights are inadmissible as evidence in court. If the suspect decides to speak without consulting with an attorney then the prosecutor must prove that the suspect willingly waived Miranda rights.
Read more: Miranda v. Arizona – Miranda Rights http://www.law.cornell.edu/search/index.html?query=Miranda V Arizona
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