4.8 • 1.8K Ratings
🗓️ 28 June 2025
⏱️ 18 minutes
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0:00.0 | In the United States, you have the right to remain silent. |
0:04.1 | You also have the right to consult an attorney. |
0:07.2 | But more importantly, if you're arrested, you have the right to know that you have the right to remain silent and to consult an attorney. |
0:15.7 | Those rights have always existed to Americans as having been established by the Fifth and Sixth Amendments to the Constitution. |
0:23.4 | It wasn't until 1966 that it was made law that anyone placed under arrest or being questioned |
0:29.6 | by the police had to be informed of those rights. The process of reading a perp their rights |
0:35.7 | became known as a Miranda warning, and that name was not |
0:39.1 | pulled out of thin air. On March 13, 1963, Ernesto Miranda voluntarily went to the Phoenix |
0:47.2 | police station with two officers. There, he was interrogated for two hours before confessing to |
0:53.9 | the kidnapping sexual assault |
0:55.6 | of 18-year-old Patricia Weir, along with other crimes. |
1:00.1 | On the top of each page of his handwritten confession was displayed, quote, |
1:05.1 | This statement has been made voluntarily and of my own free will with no threats, coercion, or promises of immunity, |
1:12.8 | and with full knowledge of my legal rights, understanding any statement I make can and will be |
1:18.6 | used against me. It seemed like a pretty airtight case with a signed confession along with a |
1:24.8 | disclaimer that Ernesto had full knowledge of his rights. |
1:28.7 | The problem was that he didn't. |
1:31.6 | The officers had never explained his rights to him. |
1:34.9 | He didn't know that he could have an attorney present and he didn't know that he could remain |
1:39.1 | silent. |
1:40.3 | And him simply saying he knew his rights was not good enough. |
1:44.6 | It would ultimately lead to his conviction being overturned |
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