It has become standard procedure for law enforcement to “read your rights” to you before you are arrested or questioned in jail. But, have you ever wondered why they do it? It seems so monotonous and begrudging for an officer to have to repeat the five or six sentences to every person they arrest, regardless of the whether it is for murder or petty theft.
But, as Henry Wade a criminal defense lawyer for The Wade Law Firm in Texas explains, the statements, commonly referred to as a Miranda Warning, are the result of a landmark Supreme Court decision from 1966.
The Supreme Court Ruling
In 1966, a number of cases were brought in front of the Supreme Court that accused the practice of obtaining confessions from suspects as being unconstitutional. Defense lawyers argued that their clients did not understand that they had the right to resist self-incrimination and, therefore, told police officers more then they should have. In agreement with the defense attorneys’ views, the Court put forth a law that required all suspects to be informed of their constitutional rights to remain silent before being interrogated.
Your Constitutional Rights
The fifth amendment of the Constitution states that no person should be compelled in any criminal case to be a witness against himself. This is why you so commonly hear about someone “pleading the fifth.” Basically, this means that if you don’t want to speak about what you have done, then you have the right to remain quiet about your involvement.
The sixth amendment also provides you with another important right that you must be reminded of. The amendment states that every person will be granted a quick and speedy trial by an impartial jury, and that he has the right to have the assistance of counsel for his defense. This protects you from being persecuted based on the claims of law enforcement alone, and makes sure that you are provided with counsel that has your best interest in mind. This is why, warns Wade, it is so important to take advantage of this right and contact a lawyer if you find yourself in a criminal situation.
Applying the Law
Wade explains that the Miranda law is a statutory law, or a law drafted by a legislative body, applied in custodial cases, such as when you are being arrested. This is why when you see police arresting a suspect, they recite the phrases. This protects the prosecution from having any evidence thrown out on the basis that a person did not understand their rights.
After you are read the Miranda Warning, the arresting officer will ask you if you understand your rights. You must vocally supply them with your answer, as remaining silent does not wave your rights at this point. In many cases, the officer will also have you sign a copy of the Miranda Warning as well.
If the Miranda Warning is Not Read
Hypothetically, says Wade, if you are not read the warning, then anything you say cannot be used as evidence against you in your prosecution. Most of the time however, if you claim that you were not properly made aware of your rights, it becomes an account of your word versus the officer’s word. And, in a court of law, the officer’s word is usually trusted.
According to the article, Fine-tuning Miranda Policies, published in the FBI Law Enforcement Bulletin, a Miranda Warning does not need to be issued in interrogations where an emergency exists and where the questions are being driven by concern for the safety of the public or other officers.
Additionally, if you are being detained, which means to be held by an officer for a short time during investigation, then the warning does not have to be issued unless the officer is questioning you with the intent of making an arrest.
As with most aspects of the law, it still remains in your best interest to acquire the advice and guidance of a qualified attorney if you have any legal questions, or feel that your rights have been violated.
