Search: miranda rights origin
Why: Miranda is a girl's name. Maybe she was the victim, but I don't think so.
Answer: The term stems from Miranda vs. Arizona. In 1963, Ernesto Miranda was accused of kidnapping and raping an 18-year-old, mildly retarded woman. He was brought in for questioning, and confessed to the crime. He was not told that he did not have to speak or that he could have a lawyer present. At trial, Miranda's lawyer tried to get the confession thrown out, but the motion was denied. In 1966, the case came in front of the Supreme Court. The Court ruled that the statements made to the police could not be used as evidence, since Miranda had not been advised of his rights.
Source: USConstitution.net
The More You Know: This is a long version of the Miranda warnings, designed to cover all bases that a detainee might encounter while in custody. A detainee may be asked to sign a statement acknowledging the following:
- You have the right to remain silent and refuse to answer questions. Do you understand?
Anything you do say may be used against you in a court of law. Do you understand?
- You have the right to consult an attorney before speaking to the police and to have an attorney present during questioning now or in the future. Do you understand?
- If you cannot afford an attorney, one will be appointed for you before any questioning if you wish. Do you understand?
- If you decide to answer questions now without an attorney present you will still have the right to stop answering at any time until you talk to an attorney. Do you understand?
- Knowing and understanding your rights as I have explained them to you, are you willing to answer my questions without an attorney present?
