Griffin Speaks

YOUR RIGHT TO REMAIN SILENT

You have heard it no less than a thousand times: “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 speak to an attorney, and to have an attorney present during any questioning. If you cannot afford an attorney, one will be provided for you free of charge.” This warning is called the Miranda warning. The name comes from a famous 1963 case involving a suspect named Ernesto Miranda. 

You have the right to remain silent, however the police can ask you routine questions without reading you your rights in order to establish your identity. If the police do interrogate you without reading your rights then any answers you may give will probably be inadmissible against you. Keep in mind you have the right to refuse to answer any questions. This does not preclude your being arrested. The Miranda warning simply protects you from incriminating yourself. A valid arrest can be made even if you have not been given the Miranda warning. Police only have to give the warning if they are going to interrogate you. A valid arrest is made if the police have probable cause, based on facts that would leave the police to believe that you have committed a crime. 

My suggestion to you when stopped by a police officer is to be as courteous and respectful as possible. He will more than likely return the respect. However there is always the possibility that you can encounter a bad cop. If you should be unfortunate enough to encounter a bad cop just grit your teeth and bear it. Remember his badge number and report him to his superiors. Under no circumstances should you be disrespectful. Remember the cops have guns and can justifiably kill you if you act a fool! However refrain from running off at the mouth. If you are innocent you can still harm yourself by talking too much. 

Ernesto Miranda the man for whom the Miranda Rights was named was a fool and a half. He was an eighth grade dropout with a long criminal record. Phoenix police arrested Miranda and accused him of raping and kidnapping a retarded woman. Phoenix police interrogated him for two hours. He signed a confession, but was never told that he could remain silent, to be represented by an attorney… 

Miranda’s attorney objected to the confession being admitted. The trial Judge overruled the objection and admitted the confession. Miranda was subsequently convicted and sentenced to twenty years in prison. Miranda's case was appealed all the way to the United States Supreme Court. Miranda’s case was joined with three other similar cases. The Supreme Court in a landmark ruling in 1966, ruled that the accused have the right to remain silent and that prosecutors could not use statements by the accused while in the custody of police unless the police have advised them of their rights. 

Miranda’s victory was short lived. He was later retried without the admission of the confession. The second trial produced additional evidence against Miranda from a former girlfriend. She testified that he had told her about the kidnapping and rape. Miranda was convicted again and served eleven years in prison before he was paroled in 1972. Miranda was in and out of prison until his death in 1976 at age 34. Miranda went for bad. He thought he was big stuff and was later stabbed during an argument in a bar. The suspect in Miranda’s death was arrested. He chose to remain silent after police read him his Miranda rights. The suspect was later released and to this day no one was ever charged with the killing of Ernesto Miranda.