Miranda

On March 13, 1963, Phoenix, Arizona police arrested Ernesto Miranda on suspicion he kidnapped and raped an eighteen year-old woman.  After being interrogated for two hours, Miranda signed a confession to the rape.

The document Miranda signed contained the following: "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."

"However, at no time was Miranda told of his right to counsel. Before being presented with the form on which he was asked to write out the confession that he had already given orally, he was not advised of his right to remain silent, nor was he informed that his statements during the interrogation would be used against him."

"At trial, when prosecutors offered Miranda's written confession as evidence, his court-appointed lawyer objected that because of (the above) facts, the confession was not truly voluntary and should be excluded. The objection was overruled, and based on the confession and other evidence, Miranda was convicted of rape and kidnapping."

"(Miranda) was sentenced to 20–30 years of imprisonment on each charge, with sentences to run concurrently."

 "(His lawyer) filed Miranda's appeal to the Arizona Supreme Court, claiming that Miranda's confession was not fully voluntary and should not have been admitted into the court proceedings. The Arizona Supreme Court affirmed the trial court's decision to admit the confession. In affirmation, the Arizona Supreme Court heavily emphasized the fact that Miranda did not specifically request an attorney."

Miranda's lawyers appealed the above decision to the United States Supreme Court.  "On June 13, 1966 (55 years ago today), the Supreme Court issued a 5–4 decision in Miranda's favor that overturned his conviction and remanded his case back to Arizona for retrial."

As a result of the Miranda US Supreme Court decision, police throughout the US are required to say the following to all criminal suspects:  "You have the right to remain silent. Anything you say can be used against you in a court of law. You have the right to have a lawyer with you during questioning. If you cannot afford a lawyer, one will be appointed for you before any questioning begins."

In 1967, Miranda was retried.  "This time the prosecution, instead of using the confession, introduced other evidence and called witnesses. One witness, a woman with whom Miranda was living at the time of the offense, testified that he had told her of committing the crime."

"Miranda was convicted a second time in 1967 and sentenced to serve 20 to 30 years.  The Supreme Court of Arizona affirmed and the United States Supreme Court denied review."

"Miranda was paroled in 1972.  After his release, he returned to his old neighborhood and made a modest living autographing police officers' Miranda cards that contained the text of the warning for reading to arrestees."

 "Miranda was stabbed to death during an argument in a bar on January 31, 1976.   A suspect was arrested, but due to a lack of evidence, he was released."