Miranda Rights: The Reality
In the United States, citizens and non-citizens alike have rights guaranteed and protected by the United States Constitution. In the criminal justice system, one set of Constitutionally-protected rights is known as “Miranda rights.”
Miranda rights were announced by the United States Supreme Court fifty years ago in the case of Ernesto Miranda versus the State of Arizona. In this historic case, the Supreme Court ruled that police must notify criminal suspects who are in police custody of their rights before they can formally interrogate them. Popularized and now engraved in the public consciousness by various film and television crime dramas, criminal suspects have the right to remain silent; to be told that any statement they make may and will be used against them in court; have an attorney; and to have a court-appointed attorney if they cannot afford one. According to the Miranda case, suspects also may have their attorney with them while the police interrogate them; choose to remain silent before or during interrogation, in which case the law requires that police stop their questions; and ask for an attorney during interrogation. Upon the request for an attorney, the interrogation must cease until the lawyer arrives.
Miranda rights and their application are far from simple. Suspects are read their rights and confirm that they understand them, but those who have limited experience with the criminal justice system often talk to the police after being warned about their rights. Often, the statements suspects make during these talks or interrogation form the basis of the police’s and prosecutor’s case so they they can charge and convict the suspects. While police now have DNA, videos, and other advanced techniques to investigate possible crimes, they still frequently rely upon confessions to charge suspects.
Miranda rights only apply under certain circumstances. In fact, two things must occur before the police are required to read suspects their Miranda rights: Suspects must be in police custody and be interrogated while in police custody. However, if police do not formally have suspects in custody, have not restricted suspects’ freedom to leave, and/or are not interrogating suspects while they are in custody, police are not required to read suspects their Miranda rights. As a result, police can use any statements suspects make against them until suspects are formally in custody and being formally interrogated.
“Police custody” is whenever police formally disallow suspects from freely leaving. In addition, police custody generally is when police formally arrest suspects. Although some jurisdictions distinguish between arresting and detaining suspects, actual arrests typically must occur before police are required to read suspects their Miranda rights. As a result, occurrences such as police pulling people over and merely approaching people to ask them questions usually are not considered examples of suspects being in police custody.
The reality is: Most people talk and give the police the information necessary to convict them without fully understanding their rights and thus, without understanding the consequences of their conversations with police, give up or relinquish their rights. Police officers may be polite and courteous, but their job is to solve crimes. They often solve crimes by getting suspects to talk and admit to crimes.
If you are a suspect in a crime or have been arrested and charged with a crime, remember: You have rights, and there may be legal remedies available. If you have questions about America’s criminal laws and criminal justice system, talk to a lawyer. For more information and to have your questions answered, contact Nashville Criminal Defense Attorney Perry A. Craft.
