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Focus on the Fifth: Miranda v. Arizona


The cases before us raise questions which go to the roots of our concepts of American criminal jurisprudence: the restraints society must observe consistent with the Federal Constitution in prosecuting individuals for crime.

To outsiders of the legal profession, the 33-word sentence above by Chief Justice Earl Warren may appear distant and unfamiliar. It certainly lacks the flourish of more memorable introductions, such as "We the People" or even "Four scores and seven years ago." However, if books shouldn't be judged by their covers, then Supreme Court decisions definitely shouldn't be judged by their introductions, for the words that flowed from that opening sentence formed one of the United States Supreme Court's more memorable judicial decisions.

These words opened Miranda v. Arizona, 384 U.S. 436 (1966), the Supreme Court case that introduced the Miranda warning into the American lexicon. That admonition, which has been paraded through countless movies and television dramas, basically warns persons in custody prior to an interrogation of their following constitutional rights:

  1. You have the right to remain silent.
  2. Anything you say can and will be used against you in a court of law.
  3. You have the right to an attorney.
  4. If you cannot afford an attorney, one will be appointed for you.

The sanction for failing to deliver a Miranda warning prior to a custodial interrogation is quite severe. It raises an irrebuttable presumption that statements made by a suspect during such an interrogation were involuntary. And, because the Fifth Amendment protects persons from being "compelled in a criminal case to be a witness against himself," a court will generally suppress a defendant's statements obtained during such an interrogation at trial.


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