Knowing individual rights is crucial not only to not a criminal case, but also in general as a citizen of the United States living in conjunction with legal laws. A law provides the protection of the common good. The Miranda rights protect an individual from releasing incriminating evidence. In Arizona in the 1963, Ernesto Miranda was arrested for the kidnapping and rape of an 18 year old woman. Ernesto did not understand hisrights to an attorney or his rights to keep silent during interrogation without a lawyer. After two hours of police questioning, Ernesto Miranda confessed to both the kidnapping and the rape of the victim. However, Miranda’s confession was dropped from evidence because he did not fully understand his right to having an attorney present during interrogation. His lawyer and the judicial system saw an abuse of Miranda’s 5th and 6th amendments, and could no longer use his confession as valid proof of his crimes. During a retrial, Miranda was convicted of his crimes without his confession due to a witness. Ernesto Miranda was sentenced to 20 to 30 years for the crimes he committed, but not before he unintentionally changed the legal system permanently. Miranda reached parole a few years later, and died in 1974 in a violent bar fight due to a fatal knife wound.
Police officers now must read the Miranda rights to any individual under arrest. The common and compact version of the Miranda rights reads as following:
“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 have an attorney present during questioning. If you cannot afford an attorney, one will be appointed for you. Do you understand these rights?”
For information regarding an individual’s rights or for any legal advice, please consult a professional lawyer. The attorneys of Alvandi Law Group provide free consultations with no obligations for potential clients. Contact a Personal Injury Attorney today to discuss the facts of a personal case. Call the office today at (800) 980-6905 to fully understand your rights today.