"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 be speak to an attorney, and to have an attorney present during any questioning. If you cannot afford a lawyer, one will be provided for you at government expense." Miranda, Ernesto (1941 .03.09 -1976 .01.31 ) Rapist. Lived in Mesa Arrested in Phoenix Died in Phoenix For nearly 40 years police have been reading suspects their rights because of a landmark 1966 United States Supreme Court case, Miranda v. Arizona.1 That case had its origins in an interrogation room of the Phoenix Police Department. The Phoenix Police Headquarters at Washington and 7th Avenues. 8-01 Ernesto Miranda was an eighth grade drop out with a criminal record and pronounced sexual fantasies. On March 13, 1963, Phoenix police went to his home and arrested him for the kidnap and rape of a mildly retarded 18-year-old woman. He was taken to a police station where a witness identified him. Two officers questioned him in "Interrogation Room No. 2" of the detective bureau. Two hours later, the officers emerged from the interrogation room with a written confession signed by Miranda. The confession had a paragraph typed at the top which stated the confession was made "with full knowledge of my legal rights, understanding any statement I make may be used against me." Ernesto Miranda, 1963. At trial, no evidence was presented that Miranda had ever been told that he did not have to talk to police or that he had the right to a lawyer. The defense objected to letting the jury see the confession, but the judge overruled the objection. He allowed the jury to consider the written confession as well as officers testimony about an oral confession made during the interrogation. The jury found Miranda found guilty of kidnapping and rape. He was sentenced to 20 to 30 years on each of the two counts, to be served concurrently. The "old" Maricopa County Superior Court Building at Washington and Central Avenues, erected in 1928. 8-01 The Supreme Court of the United States reviewed the case and found that Miranda's Fifth Amendment2 right against self incrimination had been violated. Chief Justice Earl Warren wrote the majority opinion of the Supreme Court which stated that in order to combat the "inherently compelling pressures which work to undermine the individual's will to resist" during in-custody interrogation, "to permit a full opportunity to exercise the privilege against self-incrimination, the accused must be adequately and effectively apprised of his rights and the exercise of those rights must be fully honored." The court's opinion went on to state the now familiar statement beginning with "You have the right to remain silent." The result of the failure to give the Miranda warning does not automatically result in the defendant going free. It only means that the confession cannot be used against the defendant. Ernesto Miranda was tried again without the confession. He was convicted and served 11 years before he was paroled in 1972. After several other returns to prison on other charges, he was stabbed to death during an argument in a bar in 1976. He was 34. A suspect was arrested, but he chose to exercise his right to remain silent after being read his Miranda rights. The suspect was released, and no one was ever charged with the murder. Grave of Ernesto Miranda at the Mesa City Cemetery. The inscription in the blue border at the top reads, "Beloved brother and friend." 3-02 There were two attorneys practicing in Phoenix at the time who had nothing to do with the Miranda case as it was winding its way through the courts, but would decades later be intimately involved with it. Those attorneys were William H. Rehnquist and Sandra Day O'Conner. The Supreme Court which handed down the Miranda decision, lead by Chief Justice Earl Warren, is widely regarded as the most liberal Supreme Court there has ever been. When President and one time Prescott carnival barker Richard Nixon had the opportunity to appoint a justice in 1971, he looked for an appropriate conservative choice. He found William Rehnquist. When President and frequent Arizona visitor Ronald Reagan was searching for another conservative appointment to the U. S. Supreme Court 1981, he selected Sandra Day O'Conner. The Miranda case has been the subject of a number of books. One of the best, and the most readable, is Gary L. Stuart's Miranda, the Story of America's Right to Remain Silent. Mr. Stuart, in law school at the time of the arrest, joined the law firm took Miranda's case to the U.S. Supreme Court. 2-05. The Miranda decision was seriously challenged when Congress enacted 18 U. S. C. �3501. That statute allows a confession to be admitted into evidence if it is found to be voluntary, even if the defendant was not given the Miranda warning. The Supreme Court reviewed this statute in Dickerson v. U.S., No. 99-5525 (June 26, 2000). The character of the Supreme Court, which then included two conservative appointments from Arizona, had changed radically. That court, widely regarded as the most conservative Supreme Court ever, found that the statute was an invalid attempt to change the result of the Miranda case. In a 7-2 vote, it held that the Miranda warning requirement was based on the constitution, and that Congress could not change it by legislation. As a result, the requirement that the Miranda warnings be given in order for a statement of the defendant to be admitted into evidence continues to be the law, and has an ever greater majority on the Supreme Court than the original holding.



