Posted by A suspect has the right to remain silent. If he or she decided to surrender this right, anything that had been said can and will be used in the court law against him or her. The suspect has the right to have an attorney and this attorney can be present during the interrogation. However, if he or she can’t pay for one, he or she will be provided at no cost. At any point during the questioning, the suspect can exercise these rights, by not answering questions or giving out any statement. These are the rights that should be fully understood by a suspect taken into police custody. These warnings are known as the Miranda Warning which was taken from the U.S. Supreme Court case (Miranda v. Arizona).
Ernesto Miranda was a laborer who was arrested in 1963 for the kidnapped and rape of an 18-year old woman. While under police custody, he was interrogated for 2 hours wherein he confessed to the crime without knowing his rights. After being identified by the victim, he even wrote on paper saying that he had made the confession voluntarily and of his free will without threats, coercion or promises of immunity.
However, since he wasn’t really informed of his rights of having an attorney and in remaining silent, his case was taken to court and even reached the Supreme Court. It was then the court decided that Ernesto Miranda’s 5th Amendment right was violated. Police officials then where reminded of their responsibility of informing suspects of their rights while they are in their custody which is then termed as the Miranda Warning.
And today, the Miranda Warning was amended by the Supreme Court. Some of the amendments include suspects telling verbally police officers that they choose to remain silent, police now have the right to attempt questioning suspects who ask for lawyers when they are already out of custody for 2 weeks without needing to repeat the warning again and the request for a lawyer of a suspect will be good only for 14 days after being release from police custody.
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