You Have the Right to Remain Silent..., sound familiar, this is the first of the Miranda Rights. Miranda Rights are the rights that any person who is taken into police custody is entitled to. As stated in the sixth amendment, “In all criminal prosecutions, the accused shall enjoy the right to a speedy and public trial,...” this means that anyone taken into custody by authorities has the right to a trial to prove themselves either innocent or guilty. Some questions people might ask about the Miranda Rights are, “Why is it important for people to have their Miranda Rights read to them while they are being questioned by police?”, and “Why do people have the right to remain silent?”, or “Why should they have a right to have a lawyer present when they are being questioned?” These are all very good questions.
It is important for the people taken to be questioned to have their Miranda Rights read to them. This is because the warning informs the suspects who
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If you cannot afford an attorney, one will be provided for you.” These are the third and fourth Miranda Rights. They are saying that suspects can consult a lawyer to support them during their questioning and trial. If they can’t afford or do not have an attorney, the authorities will provide them with one. Suspects are supported by their lawyers whether they plead guilty or innocent.
All of the Miranda Rights came to be, due to the case Miranda v. Arizona (1966). Ernesto Miranda was accused of rape and kidnapping. He was a poor, uneducated man who didn’t know much about law and his rights. After his questioning, Miranda confessed to the crimes, his confession was used against him in trial, and he was found guilty of both crimes. He was sentenced to prison for thirty years. Miranda did not know and was not told that he had certain constitutional rights. This case lead to the creation of the Miranda Rights and police have to read these rights to each person who is being