Miranda Rights You have the right to remain

Miranda Rights You have the right to remain silent… The Florida Law Related Education Association, Inc. © 2017 Benchmarks SS. 7. C. 3. 12 Analyze the significance and outcomes of landmark Supreme Court cases including, but not limited to… Miranda v. Arizona…

The Florida Law Related Education Association, Inc. © 2017 What does it say? THE FIFTH AMENDMENT

The Fifth Amendment No person shall be held to answer for a capital, or otherwise infamous crime, unless on a presentment or indictment of a grand jury, except in cases arising in the land or naval forces, or in the militia, when in actual service in time of war or public danger; nor shall any person be subject for the same offense to be twice put in shall be compelled criminal case jeopardy…nor of life or limb; nor shallinbeany compelled in any criminal case toabe a witness against himself, nor be to be witness against himself, nor be deprived of life, ofliberty, or property, without due deprived life, liberty, or property, without process of law; nor due shallprocess privateofproperty law… be taken for public use, without just compensation.

I plead the Fifth… • “…nor shall be compelled in any criminal case to be a witness against himself…” • This means protection from selfincrimination in police interrogations or legal proceedings.

What is due process? • Due process: An assurance that all levels of American government must operate within the law ("legality") and provide fair procedures.

Facts of the Case: Miranda v. Arizona • Ernesto Miranda was identified in a police lineup by a woman, who accused him of kidnapping and assaulting her. • Miranda was arrested and questioned by the police for two hours. He eventually confessed to the crimes. • During the interrogation (questioning), police did not tell Miranda that he had the right to an attorney. They also did not tell him of his right of protection against selfincrimination. • He was not informed of his Fifth Amendment or Sixth Amendment rights during the police interrogation.

Miranda’s Confession At the top of the written confession was a statement reading: “I. . . do hereby swear that I make this statement voluntarily and of my own free will, with no threats, coercion, or promises of immunity, and with full knowledge of my legal rights, understanding any statement I make may be used against me. ” But what were those “legal rights” Miranda was entitled to under the Constitution?

The Question before the Court Does the police practice of questioning suspects in police custody without notifying them of their right to remain silent or their right to an attorney, violate their constitutional rights?

Outcome: Decision of the Court In a 5 to 4 decision authored by Justice Earl Warren the Supreme Court held that the Fifth Amendment’s protection against self-incrimination is available in all settings. Therefore, prosecution may not use statements arising from a custodial interrogation of a suspect unless certain procedural safeguards were in place.

Quoting the Case “There can be no doubt that the Fifth Amendment… serves to protect persons in all settings in which their freedom of action is curtailed (restricted, reduced, lessened) in any significant way from being compelled to incriminate themselves. ” Justice Earl Warren, 384 US 436 (1966)

Significance: Miranda Rights • Prior to any questioning, the person must be warned that they have the right to remain silent; • That any statement they do make can be used as evidence against them; and • That they have a right to the presence of an attorney, either retained or appointed.

The Lasting Impact