The Miranda rights were created in 1966 as the result of the United States Supreme Court case Miranda v. Arizona. In this case, after defendant Ernesto Miranda was convicted of rape and sentenced to two concurrent 20-30 year terms. After his appeal was denied his case was taken pro bono to the Supreme Court. It was argued that Miranda’s right to counsel was violated as long as his Fifth Amendment right not to make any self-incriminating statements. Chief Justice Earl Warren agreed that his right to seek counsel was, in fact, violated and set forth the stipulation that any person in custody must be clearly informed of their rights.
Miranda rights must be read to a suspect after a custodial arrest and prior to an investigation. They are as follows:
• 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 an attorney
• If you cannot afford an attorney, one will be appointed for you
When police question a suspect in custody without giving the Miranda warning, any statement or confession made is presumed to be involuntary. Such statements cannot be used against the suspect in a criminal case. Violation of Miranda rights is only helpful to a suspect if the they are interrogated regarding the crime, he/she confesses to the crime, and the prosecution seeks to introduce the confession into evidence against the defendant. Any evidence discovered as a result of that statement will also likely be thrown out of the case.
If you are arrested in the state of Arizona, and are not read your Miranda rights and given a chance to seek out legal advice from a criminal lawyer then your rights have been violated. Thanks to this monumental case you must be read your rights in every state upon being placed under arrest.