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''Miranda v. Arizona'', 384 U.S. 436 (1966), was a
landmark decision Landmark court decisions, in present-day common law legal systems, establish precedents that determine a significant new legal principle or concept, or otherwise substantially affect the interpretation of existing law. "Leading case" is commonly us ...
of the
U.S. Supreme Court The Supreme Court of the United States (SCOTUS) is the highest court in the federal judiciary of the United States of America The United States of America (USA), commonly known as the United States (U.S. or US), or America, is a coun ...

U.S. Supreme Court
in which the Court ruled that the Fifth Amendment to the U.S. Constitution restricts prosecutors from using a person's statements made in response to
interrogation Interrogation (also called questioning) is interviewing as commonly employed by law enforcement officers, military personnel, intelligence agencies, organized crime syndicates, and terrorist organizations with the goal of eliciting useful informa ...

interrogation
in
police The police are a constituted body of persons A person (plural people or persons) is a being that has certain capacities or attributes such as reason Reason is the capacity of consciously applying logic by Logical consequence, drawing con ...

police
custody as evidence at their
trial In law Law is a system A system is a group of Interaction, interacting or interrelated elements that act according to a set of rules to form a unified whole. A system, surrounded and influenced by its environment, is described by i ...

trial
unless they can show that the person was informed of the right to consult with an
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attorney
before and during questioning, and of the right against
self-incrimination Self-incrimination is the act of exposing oneself generally, by making a statement, "to an accusation or charge of crime; to involve oneself or another ersonin a criminal prosecution or the danger thereof". (Self-incrimination can occur either dir ...
before police questioning, and that the defendant not only understood these rights, but voluntarily waived them. ''Miranda'' was viewed by many as a radical change in American criminal law, since the Fifth Amendment was traditionally understood only to protect Americans against formal types of compulsion to confess, such as threats of
contempt of court Contempt of court, often referred to simply as "contempt", is the offense of being disobedient to or disrespectful toward a court A court is any person or institution, often as a government institution, with the authority to Adjudication, ad ...
. It has had a significant impact on law enforcement in the United States, by making what became known as the
Miranda warning#REDIRECT Miranda warning In the United States The United States of America (USA), commonly known as the United States (U.S. or US), or America, is a country Contiguous United States, primarily located in North America. It consists of 5 ...
part of routine police procedure to ensure that suspects were informed of their rights. But the concept of "''Miranda'' warnings" quickly caught on across American law enforcement agencies, who came to call the practice "Mirandizing". Pursuant to the U.S. Supreme Court decision ''
Berghuis v. Thompkins ''Berghuis v. Thompkins'', 560 U.S. 370 (2010), is a landmark decision by the United States Supreme Court The Supreme Court of the United States (SCOTUS) is the highest court in the federal judiciary of the United States of America ...
'' (2010), criminal suspects who are aware of their right to silence and to an attorney, but choose ''not'' to "unambiguously" invoke them, may find any subsequent voluntary statements treated as an implied waiver of their rights, and used as or as part of evidence. At least one scholar has argued that ''Thompkins'' effectively gutted ''Miranda''.Charles Weisselberg and Stephanos Bibas, ''The Right to Remain Silent'', 159 U. Pa. L. Rev. PENNumbra 69 (2010), Available at: http://scholarship.law.berkeley.edu/facpubs/2181 (Retrieved May 2, 2016)


Background


Legal

During the 1960s, a movement which provided
defendant In court proceedings, a defendant is a person A person (plural people or persons) is a being that has certain capacities or attributes such as reason Reason is the capacity of consciously applying logic by Logical consequence, drawing conclu ...
s with
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emerged from the collective efforts of various
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s. In the
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realm, it led to the creation of the
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under the
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program of President
Lyndon B. Johnson Lyndon Baines Johnson (; August 27, 1908January 22, 1973), often referred to by his initials LBJ, was the 36th president of the United States The president of the United States (POTUS) is the head of state and head of government of the ...

Lyndon B. Johnson
. '' Escobedo v. Illinois'', a case which closely foreshadowed ''Miranda,'' provided for the presence of counsel during police interrogation. This concept extended to a concern over police
interrogation Interrogation (also called questioning) is interviewing as commonly employed by law enforcement officers, military personnel, intelligence agencies, organized crime syndicates, and terrorist organizations with the goal of eliciting useful informa ...

interrogation
practices, which were considered by many to be barbaric and unjust. Coercive interrogation tactics were known in period
slang Slang is vocabulary A vocabulary is a set of familiar words In linguistics, a word of a spoken language can be defined as the smallest sequence of phonemes that can be uttered in isolation with semantic, objective or pragmatics, practical ...
as the " third degree".


Factual

On March 13, 1963,
Ernesto Miranda Ernesto Arturo Miranda (March 9, 1941 – January 31, 1976) was an American criminal and laborer whose conviction on kidnapping, rape, and armed robbery charges based on his confession under police interrogation was set aside in the landmark U.S. ...
was arrested by the Phoenix Police Department, based on
circumstantial evidence Circumstantial evidence is evidence Evidence for a proposition is what supports this proposition. It is usually understood as an indication that the supported proposition is true. What role evidence plays and how it is conceived varies from fi ...

circumstantial evidence
linking him to the kidnapping and rape of an eighteen-year-old woman ten days earlier. After two hours of interrogation by police officers, Miranda signed a confession to the rape charge on forms that included the typed statement: "I do hereby swear that I make this statement voluntarily and of my own free will, with no threats, coercion, or promises of immunity, and with full knowledge of my legal rights, understanding any statement I make may be used against me."Michael S. Lief and H. Mitchell Caldwell
"'You Have the Right to Remain Silent,'" ''American Heritage'', August/September 2006.
However, at no time was Miranda told of his right to counsel. Before being presented with the form on which he was asked to write out the confession that he had already given orally, he was not advised of his right to remain silent, nor was he informed that his statements during the interrogation would be used against him. At trial, when prosecutors offered Miranda's written confession as evidence, his court-appointed lawyer, Alvin Moore, objected that because of these facts, the confession was not truly voluntary and should be excluded. Moore's objection was overruled, and based on this confession and other evidence, Miranda was convicted of rape and kidnapping. He was sentenced to 20–30 years of imprisonment on each charge, with sentences to run concurrently. Moore filed Miranda's appeal to the
Arizona Supreme Court The Arizona Supreme Court is the state supreme court In the United States The United States of America (USA), commonly known as the United States (U.S. or US), or America, is a country Contiguous United States, primarily located in Nort ...
, claiming that Miranda's confession was not fully voluntary and should not have been admitted into the court proceedings. The Arizona Supreme Court affirmed the trial court's decision to admit the confession in ''State v. Miranda'', 401 P.2d 721 (Ariz. 1965). In affirmation, the Arizona Supreme Court heavily emphasized the fact that Miranda did not specifically request an attorney. Attorney John Paul Frank, former law clerk to Justice
Hugo Black Hugo Lafayette Black (February 27, 1886 – September 25, 1971) was an American lawyer, politician, and jurist who served as a U.S. Senator from 1927 to 1937 and as an Associate Justice Associate justice or associate judge is the title for a m ...

Hugo Black
, represented Miranda in his appeal to the U.S. Supreme Court. Gary K. Nelson represented Arizona.


Supreme Court decision

On June 13, 1966, the Supreme Court issued a 5–4 decision in Miranda's favor that overturned his conviction and remanded his case back to Arizona for retrial.


Opinion of the Court

Five justices formed the majority and joined an opinion written by Chief Justice
Earl Warren Earl Warren (March 19, 1891 – July 9, 1974) was an American politician and jurist who served as 30th governor of California from 1943 to 1953 and Chief Justice of the United States The chief justice of the United States is the chief judge ...

Earl Warren
. The Court ruled that because of the coercive nature of the custodial interrogation by police (Warren cited several police training manuals that had not been provided in the arguments), no confession could be admissible under the Fifth Amendment self-incrimination clause and Sixth Amendment right to an attorney unless a suspect has been made aware of his rights and the suspect has then waived them: Thus, Miranda's conviction was overturned. The Court also made clear what must happen if a suspect chooses to exercise his or her rights: Warren also pointed to the existing procedures of the
Federal Bureau of Investigation The Federal Bureau of Investigation (FBI) is the domestic intelligence Intelligence has been defined in many ways: the capacity for abstraction Abstraction in its main sense is a conceptual process where general rules and concept Conce ...

Federal Bureau of Investigation
(FBI), which required informing a suspect of his right to remain silent and his right to counsel, provided free of charge if the suspect was unable to pay. If the suspect requested counsel, "the interview is terminated." Warren included the FBI's four-page brief in his opinion. However, the dissenting justices accused the majority of overreacting to the problem of coercive interrogations, and anticipated a drastic effect. They believed that, once warned, suspects would always demand attorneys, and deny the police the ability to gain confessions.


Clark's concurrence in part, dissent in part

In a separate concurrence in part, dissent in part, Justice
Tom C. Clark
Tom C. Clark
argued that the
Warren Court The Warren Court was the period in the history of the Supreme Court of the United States The Supreme Court of the United States (SCOTUS) is the highest court in the Federal judiciary of the United States, federal judiciary of the United Sta ...
went "too far too fast." Instead, Justice Clark would use the "
totality of the circumstances In the law, the totality of the circumstances test refers to a method of analysis where decisions are based on all available information rather than bright-line rule In United States constitutional law United States constitutional law is the bo ...
" test enunciated by Justice Goldberg in ''Haynes v. Washington''. Under this test, the court would:


Harlan's dissent

In dissent, Justice
John Marshall Harlan II John Marshall Harlan (May 20, 1899 – December 29, 1971) was an American lawyer and jurist who served as an Associate Justice Associate justice or associate judge is the title for a member of a judicial panel who is not the chief justice ...

John Marshall Harlan II
wrote that "nothing in the letter or the spirit of the Constitution or in the precedents squares with the heavy-handed and one-sided action that is so precipitously taken by the Court in the name of fulfilling its constitutional responsibilities." Harlan closed his remarks by quoting former Justice Robert H. Jackson: "This Court is forever adding new stories to the temples of constitutional law, and the temples have a way of collapsing when one story too many is added."


White's dissent

Justice
Byron White Byron Raymond "Whizzer" White (June 8, 1917 April 15, 2002) was an American lawyer and professional American football, football player who served as an Associate Justice of the Supreme Court of the United States from 1962 to 1993. Born and raise ...
took issue with the court having announced a new constitutional right when it had no "factual and textual bases" in the Constitution or previous opinions of the Court for the rule announced in the opinion. He stated: "The proposition that the privilege against self-incrimination forbids in-custody interrogation without the warnings specified in the majority opinion and without a clear waiver of counsel has no significant support in the history of the privilege or in the language of the Fifth Amendment." White did not believe the right had any basis in English common law. White further warned of the dire consequences of the majority opinion:


Subsequent developments


Retrial

Miranda was retried in 1967 after the original case against him was thrown out. This time the prosecution, instead of using the confession, introduced other evidence and called witnesses. One witness was Twila Hoffman, a woman with whom Miranda was living at the time of the offense; she testified that he had told her of committing the crime. Miranda was convicted in 1967 and sentenced to serve 20 to 30 years. The Supreme Court of Arizona affirmed, and the United States Supreme Court denied review. Miranda was paroled in 1972. After his release, he returned to his old neighborhood and made a modest living autographing police officers' "Miranda cards" that contained the text of the warning for reading to arrestees. Miranda was stabbed to death during an argument in a bar on January 31, 1976. A suspect was arrested, but due to a lack of evidence against him, he was released. Another three defendants whose cases had been tied in with Miranda's – an armed robber, a stick-up man, and a bank robber – either made plea bargains to lesser charges or were found guilty again despite the exclusion of their confessions.


Reaction

The ''Miranda'' decision was widely criticized when it came down, as many felt it was unfair to inform suspected criminals of their rights, as outlined in the decision.
Richard Nixon Richard Milhous Nixon (January 9, 1913April 22, 1994) was the 37th president of the United States The president of the United States (POTUS) is the head of state and head of government of the United States of America. The president d ...

Richard Nixon
and conservatives denounced ''Miranda'' for undermining the efficiency of the police, and argued the ruling would contribute to an increase in crime. Nixon, upon becoming President, promised to appoint judges who would reverse the philosophy he viewed as "soft on crime." Many supporters of law enforcement were angered by the decision's negative view of police officers.


Miranda warning

After the ''Miranda'' decision, the nation's police departments were required to inform arrested persons or suspects of their rights under the ruling prior to custodial interrogation or their answers would not be admissible in court. Such information is called a
Miranda warning#REDIRECT Miranda warning In the United States The United States of America (USA), commonly known as the United States (U.S. or US), or America, is a country Contiguous United States, primarily located in North America. It consists of 5 ...
. Since it is usually required that the suspects be asked if they understand their rights, courts have also ruled that any subsequent waiver of Miranda rights must be knowing, intelligent, and voluntary. Many American police departments have pre-printed Miranda waiver forms that a suspect must sign and date (after hearing and reading the warnings again) if an interrogation is to occur. Data from the FBI Uniform Crime Reports shows a sharp reduction in the
clearance rate 350 px, U.S. 2004 clearance rates separated by crime type In criminal justice 350px, United States criminal justice system flowchart. Criminal justice is the delivery of justice Justice, one of the four cardinal virtues, by Vitruvio Alberi ...
of violent and property crimes after ''Miranda''. However, according to other studies from the 1960s and 1970s, "contrary to popular belief, Miranda had little, if any, effect on detectives' ability to solve crimes."


Legal developments

The federal
Omnibus Crime Control and Safe Streets Act of 1968 The Omnibus Crime Control and Safe Streets Act of 1968 (, codified at ''et seq.'') was legislation passed by the Congress of the United States The United States Congress or U.S. Congress is the bicameral legislature of the federal governm ...
purported to overrule ''Miranda'' for federal criminal cases and restore the "totality of the circumstances" test that had prevailed previous to ''Miranda''. The validity of this provision of the law, which is still codified a
18 U.S.C. § 3501
was not ruled on for another 30 years because the Justice Department never attempted to rely on it to support the introduction of a confession into evidence at any criminal trial. ''Miranda'' was undermined by several subsequent decisions that seemed to grant exceptions to the Miranda warnings, challenging the ruling's claim to be a necessary corollary of the Fifth Amendment. The exceptions and developments that occurred over the years included: * The Court found in ''Harris v. New York'', , that a confession obtained in violation of the ''Miranda'' standards may nonetheless be used for purposes of impeaching the defendant's testimony; that is, if the defendant takes the stand at trial and the prosecution wishes to introduce the defendant's confession as a prior inconsistent statement to attack the defendant's credibility, the ''Miranda'' holding will not prohibit this. * The Court found in ''
Rhode Island v. Innis ''Rhode Island v. Innis'', 446 U.S. 291 (1980), is a decision by the United States Supreme Court The Supreme Court of the United States (SCOTUS) is the highest court in the federal judiciary of the United States of America The Unit ...
'', , that a "spontaneous" statement made by a defendant while in custody, even though the defendant has not been given the Miranda warnings or has invoked the right to counsel and a lawyer is not yet present, is admissible in evidence, as long as the statement was not given in response to police questioning or other conduct by the police likely to produce an incriminating response. * The Court found in '' Berkemer v. McCarty'', , that a person subjected to custodial interrogation is entitled to the benefit of the procedural safeguards enunciated in ''Miranda'', regardless of the nature or severity of the offense of which he is suspected or for which he was arrested. * The Court found in '' New York v. Quarles'', , that there is also a "public safety" exception to the requirement that Miranda warnings be given before questioning; for example, if the defendant is in possession of information regarding the location of an unattended gun or there are other similar exigent circumstances that require protection of the public, the defendant may be questioned without warning and his responses, though incriminating, will be admissible in evidence. In 2009, the
California Supreme Court The Supreme Court of California is the highest and final court of appeals in the courts A court is any person or institution, often as a government A government is the system or group of people governing an organized community, g ...
upheld the conviction of
Richard Allen Davis Richard Allen Davis (born June 2, 1954) is an American convicted murderer and child molester, whose criminal record fueled support for passage of California California is a U.S. state, state in the Western United States. With over 39.3m ...
, finding that the public-safety exception applied despite the fact that 64 days had passed from the disappearance of the girl later found to be murdered. * The Court found in '' Colorado v. Connelly'', , that the words "knowing, intelligent, and voluntary" mean only that suspects reasonably appear to understand what they are doing and are not being coerced into signing the waiver; the Court ruled that it is irrelevant whether the suspect may actually have been cognitively or mentally impaired at the time. ''United States v. Garibay'' (1998) clarified an important matter regarding the scope of ''Miranda''. Defendant Jose Garibay barely spoke English and clearly showed a lack of understanding; indeed, "the agent admitted that he had to rephrase questions when the defendant appeared confused." Because of the defendant's low I.Q. and poor English-language skills, the U.S. Court of Appeals ruled that it was a "clear error" when the district court found that Garibay had "knowingly and intelligently waived his Miranda rights." The court investigated his waiver and discovered that it was missing all items for which they were looking: he never signed a waiver, he only received his warnings verbally and in English, and no interpreter was provided although they were available. With an opinion that stressed "the requirement that a defendant 'knowingly and intelligently' waive his Miranda rights," the Court reversed Garibay's conviction and
remanded Remand is when higher courts send cases back to lower courts for further action. In the law of the United States, appellate courts remand cases to district courts for actions such as a new trial. Federal judiciary of the United States, Federal a ...
his case. ''Miranda'' survived a strong challenge in '' Dickerson v. United States'', , when the validity of Congress's overruling of ''Miranda'' through § 3501 was tested. At issue was whether the Miranda warnings were actually compelled by the Constitution, or were rather merely measures enacted as a matter of judicial policy. In ''Dickerson'', the Court, speaking through Chief Justice Rehnquist, upheld ''Miranda'' 7–2 and stated that "the warnings have become part of our national culture". In dissent,
Justice Scalia Antonin Gregory Scalia (; March 11, 1936 – February 13, 2016) was an American jurist who served as an associate justice of the Supreme Court of the United States An associate justice of the Supreme Court of the United States is any ...
argued that ''Miranda'' warnings were not constitutionally required. He cited several cases demonstrating a majority of the then-current court, counting himself, and Justices Kennedy, O'Connor, and Thomas, as well as Rehnquist (who had just delivered a contrary opinion), "
ere Ere or ERE may refer to: * ''Environmental and Resource Economics ''Environmental and Resource Economics'' (''ERE'') is a peer-reviewed academic journal covering environmental economics published monthly in three volumes per year. It is the offici ...

ere
on record as believing that a violation of Miranda is not a violation of the Constitution." Over time, interrogators began to devise techniques to honor the "letter" but not the "spirit" of Miranda. In the case of '' Missouri v. Seibert'', , the Supreme Court halted one of the more controversial practices. Missouri police had been deliberately withholding Miranda warnings and questioning suspects until they obtained confessions, then providing the warnings, getting waivers, and eliciting confessions again. Justice Souter wrote for the plurality: "Strategists dedicated to draining the substance out of ''Miranda'' cannot accomplish by training instructions what ''Dickerson'' held Congress could not do by statute." ''
Berghuis v. Thompkins ''Berghuis v. Thompkins'', 560 U.S. 370 (2010), is a landmark decision by the United States Supreme Court The Supreme Court of the United States (SCOTUS) is the highest court in the federal judiciary of the United States of America ...
'' (2010) was a ruling in which the Supreme Court held that a suspect's "ambiguous or equivocal" statement, or lack of statements, does not mean that police must end an interrogation. At least one scholar has argued that ''Thompkins'' effectively gutted ''Miranda''. In ''The Right to Remain Silent'', Charles Weisselberg wrote that "the majority in ''Thompkins'' rejected the fundamental underpinnings of ''Miranda v. Arizonas prophylactic rule and established a new one that fails to protect the rights of suspects" and that
But in ''Thompkins'', neither Michigan nor the Solicitor General were able to cite any decision in which a court found that a suspect had given an implied waiver after lengthy questioning. Thompkins persevered for almost three hours before succumbing to his interrogators. In finding a waiver on these facts, ''Thompkins'' gives us an implied waiver doctrine on steroids.


Effect on law enforcement

''Miranda''s impact on law enforcement remains in dispute. Many legal scholars believe that police have adjusted their practices in response to ''Miranda'' and that its mandates have not hampered police investigations. Others argue that the ''Miranda'' rule has resulted in a lower rate of conviction, with a possible reduction in the rate of confessions of between four and sixteen percent. Some scholars argue that Miranda warnings have reduced the rate at which the police solve crimes, while others question their methodology and conclusions.


In popular culture

''Miranda'' is mentioned, along with '' Escobedo v. Illinois,'' in the movie ''
Dirty Harry ''Dirty Harry'' is a 1971 American neo-noir Neo-noir is a revival of film noir, a genre that had originally flourished during the post-World War II era in the Cinema of the United States, United Statesroughly from 1945 to 1960. The French term ...

Dirty Harry
,'' as well as in season five, episode fourteen of ''
Kojak ''Kojak'' was an American action ACTION is a bus operator in Canberra Canberra ( ) is the capital city of Australia. Founded following the Federation of Australia, federation of the colonies of Australia as the seat of government for ...
,'' entitled "Mouse," and the Miranda warning itself is also mentioned in countless film and TV crime dramas and thrillers.


See also

*
United States constitutional criminal procedure The United States Constitution contains several provisions regarding the law of United States criminal procedure, criminal procedure. Petit jury and venue provisions—both traceable to enumerated complaints in the United States Declaration o ...
* List of criminal competencies * List of United States Supreme Court cases, volume 384 *
Miranda warning#REDIRECT Miranda warning In the United States The United States of America (USA), commonly known as the United States (U.S. or US), or America, is a country Contiguous United States, primarily located in North America. It consists of 5 ...
* '' Schmerber v. California'' * '' Stansbury v. California'' * '' R. v. Hebert'' * '' R. v. Brydges''


References

* *


Further reading

* * * * *


External links

* *
"Supreme Court Landmark Case ''Miranda v. Arizona''"
from
C-SPAN Cable-Satellite Public Affairs Network (C-SPAN ) is an American cable and satellite television network that was created in 1979 by the cable television industry as a nonprofit public service. It televises many proceedings of the United States f ...
's '' Landmark Cases: Historic Supreme Court Decisions''
An online publication titled "Miranda v. Arizona: The Rights to Justice" containing the most salient documents and other primary and secondary sources
from the
Law Library of Congress The Law Library of Congress is the law library Leo T. Kissam Memorial Library, the law library of the federal depository library ">Federal Depository Library Program">federal depository library A law library is a special library used by la ...
{{DEFAULTSORT:Miranda V. Arizona History of law enforcement in the United States 1966 in United States case law 20th-century American trials American Civil Liberties Union litigation 1966 in Arizona Legal history of Arizona United States Supreme Court cases of the Warren Court Phoenix Police Department