PHOENIX — You might have heard the phrase “you have the right to remain silent” on your favorite cop show or movie. You might have even gotten a firsthand reading of your Miranda rights.
The requirement for law enforcement to inform criminal suspects of their right to remain silent and to have an attorney emerged from an Arizona criminal case dating back to the 1960s.
A Phoenix man, Ernesto Miranda, was prosecuted and found guilty of burglary and rape in 1963. Police at the time said he confessed to the crimes, which he later recanted.
This case led to a Supreme Court ruling in Miranda v. Arizona that would change the way suspects are prosecuted forever under the American criminal justice system.
Gary Stuart, an attorney, Arizona State University law professor, and author of “Miranda: The Story of America’s Right to Remain Silent” --- the book on Miranda rights --- explained why Miranda v. Arizona was so important.
Quick refresher on the Fifth and Sixth amendments
Another phrase you might have heard is “I plead the fifth,” which is the right to not incriminate yourself. Usually, when people think of pleading the fifth, they might think this only applies on the stand in court, however, Stuart explained your Fifth Amendment rights extend to outside the courtroom.
The Fifth Amendment says, among other things, that “No person...shall be compelled in any criminal case to be a witness against himself.”
This is where your right to remain silent comes in.
The Sixth Amendment guarantees a defendant’s right to have an attorney.
These rights extend to anyone here in the United States.
What happened in Miranda v. Arizona
The late John P. Frank, an Arizona attorney and law professor, represented Miranda before the U.S. Supreme Court.
“Miranda himself was selected to be heard in 1966 because he was in fact guilty. That wasn’t the issue, guilt or innocence. The issue was was he advised of his rights or not,” Stuart said.
In 1966, the Supreme Court ruled every criminal suspect must be advised of their rights before being interrogated by law enforcement.
“In my judgment, one of the most important Supreme Court decisions ever handed down,” Stuart said.
Miranda’s conviction was overturned. He was retried and found guilty later that year. He was stabbed and killed during a bar fight after he was released from prison years later.
"You have the right to remain silent"
Officers were now required to read suspects their Miranda rights. This way, if a suspect confesses it will hold up in court.
Before the Miranda decision, officers had to testify in hearings about confessions. It was often the officer’s word against the defendant’s word.
“Once Mirandized the suspect is stuck with whatever words he or she uttered that dealt with the crime. So, it solved enormous police problems and created good things for people who were unjustly and unfairly charged,” Stuart explained.
Why Miranda rights matter
As you are reading this, there is probably someone out there getting read their Miranda rights. While that person likely faces a legal battle ahead of them, they are given the chance to know and understand their rights.
The importance of this right is reflected in data from the Innocence Project that shows confessions are not always the key to cracking a criminal case. The organization found about 26% of wrongful convictions resulted from false confessions.
“We are much better off having the Miranda decision because it has solved many problems on both sides of the criminal justice system, both the prosecution and the defense,” Stuart said.
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