Any suspect arrested in the USA must be informed of four key rights. ‘You have the right to remain silent. Anything you say can, and will, be used against you in court of law. You have the right to an attorney. If you cannot afford one, one will be appointed for you.’
Known as the Miranda warning, the requirement for the police to inform all criminal suspects of these rights came about as the result of Arizona labourer Ernesto Miranda’s 1963 conviction for kidnapping and rape. A confession made to the Phoenix Police Department was entered as evidence yet, despite the form being printed with the statement that he had ‘full knowledge of my legal rights’, it later emerged that he had not been informed of either his right to an attorney or his right to remain silent.
Although Alvin Moore, Miranda’s court-appointed lawyer for his trial, objected to the use of the confession this was overruled by Judge Yale McFate and Miranda was sentenced for 20-30 years imprisonment. Having failed to win an appeal to the Arizona Supreme Court, the case eventually made it to the U.S. Supreme Court where Miranda was represented by attorney John Paul Frank.
The Supreme Court ruled in a 5-4 majority that, in order for evidence from questioning to be used in court, the police must have first informed the suspect of their rights. Since Miranda’s conviction was based on a confession before which he had not been informed of his rights, his conviction was overturned. However, he was later retried and again found guilty thanks to the testimony of the woman he had been living with at the time.