Speak Up! - View Question #304
« LawForKids.org home page | « Go back to speak up question #304

Question: What are the Miranda rights and who's Miranda?

Answer: Ernesto Miranda was a man who lived in Arizona and was convicted of raping a woman in the early 1960s. The conviction was based, in part, on Miranda's confession of the crime to the police. His attorneys appealed the conviction, arguing that Miranda was not told he had the right not to answer the police officers' questions.

The United States Supreme Court agreed and said that police officers must tell suspects in custody of their rights. Whenever a person suspected of a crime is in police custody or his freedom has been 'significantly deprived' by the police, the officer must tell the suspect he has the following rights:

1) You have the right to remain silent. Anything you say can, and will, be used against you in a court of law;

2) You have the right to consult with an attorney and/or to have one present when questioned by the police; and

3)If you cannot afford an attorney, one will be appointed to represent you.

These rights are now called Miranda rights because the requirement to read them to suspects is the result of the Supreme Court's decision in Miranda v. Arizona.

Ernesto Miranda was retried after his conviction was overturned by the Supreme Court. He was convicted based on other evidence and served several years in prison. After his release from prison, he made money by selling Miranda rights cards with his signature on them. He died in 1976 after being stabbed in a bar fight. The man suspected of killing him invoked his Miranda rights and refused to talk to police. He was released and never charged with Miranda's murder.
Comments
26 thru 30 of 66 comments
On 04/01/04
atina from LA said:
That was not right what happened
On 03/02/04
Matt from CA said:
Thanks for the help with my English research paper! I had no idea what the Miranda Rights were until I visited this page. :)
On 02/19/04
Denise from AZ said:
As a senior in high school I have a whole new perspective on life. I now look at things and instead of pointing out all the negativaty I highlight all positive things. I have met a numerous amount of new people all of different races. I now appreciate the fact that they gave me a chance to explore thier ways of life and only use them as assets to mine. I do not discriminate on people because of thier skin color, because that is all it is, a lighter or darker shade than what my skin color is. Many people generalize and stereotype on other people's races but they never take the time or gain
On 02/03/04
Todd from MT said:
For all you ignorant and unintelligent fools out there commenting on "If you want Miranda Rights in Spanish, go to Mexico." Mexico does not have Miranda Rights, nor are most of the laws acknowledged or enforced. You people are so naive! Go to Mexico and commit a crime, see if you are read your "Miranda Rights".
On 02/03/04
Denise from TX said:
When people don't understand someone else's views on certain situations, they tend to look down upon what that person believes in. When people are ignorant to the facts they become blind. Therefore, becoming racist. Everyone can be a racist from whites, to blacks, to latinos, to hispanics. In my view everyone has a little bit of eachother in our blood, what person you know is pure white? From the beginning of procreation, people have been crossing the color lines and interfacing with people of the opposite color or background for that matter. Ignorance is all I can say about that.
26 thru 30 of 66 comments


Read more about the law and Other
Related Stories
Related Laws
« LawForKids.org home page | « Go back to speak up question #304