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PRECEDENT: Ernesto Miranda

Crime Junkie

audiochuck

True Crime

4.7352.7K Ratings

🗓️ 26 December 2022

⏱️ 24 minutes

🧾️ Download transcript

Summary

In 1963 Ernesto Miranda was arrested for kidnapping, rape and armed robbery. Ultimately, he gave police a confession but only because he didn’t know he had the option not to talk to them… or to get an attorney. Miranda’s path through the justice system set a precedent for informing those arrested of their rights. And now the Miranda Warning is something so engrained in us Crime Junkies we could probably recite it on our sleep.

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0:00.0

Hi, Crime Junkies. I'm your host, Ashley Flowers.

0:04.0

And we mentioned at the end of last week's episode that Brutani are going to take the

0:06.8

holiday off to spend time with our families. But, instead of leaving you without any content,

0:12.2

I thought I'd come back with another precedent-setting story.

0:15.9

One that, like our last precedent episode on John Brady, is all about ensuring there is

0:20.9

transparency and balance leading up to an arrest or trial of an accused person.

0:26.3

This one is about what happens at the time of someone's arrest. And if you have seen

0:31.3

a single law in order episode, you probably know exactly what I'm talking about. Say it

0:36.2

with me.

0:37.2

You have the right to remain silent. Anything you say can be used against you in a court

0:42.1

of law. You have the right to an attorney. You get it.

0:45.8

Those brief few sentences should be part of any crime junkies vocabulary if you're ever

0:49.9

quizzed about your fifth and sixth amendment rights. Each and every word in that warning

0:54.5

is vitally important to all of us if we ever find ourselves being arrested and charged

0:58.8

with a crime.

1:00.3

The Miranda warning didn't always exist, though. And honestly, what it stands for wasn't

1:05.4

even that important in America's criminal justice system prior to the late 1960s.

1:10.5

That's when the arrest and subsequent interrogation of an Arizona man changed everything about

1:16.0

what can and can't be used against a person if they talk to the police without being made

1:20.8

aware of their constitutional rights. Before there was a Miranda warning, there was Ernesto

1:26.5

Miranda. This is his story.

1:56.5

In the early morning hours of March 3rd, 1963, when Phoenix police officer Carol Kooley responded

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