Today, even a small child knows the standard set of phrases that an American policeman utters when detaining a criminal or just a suspected offender. These words are known in reality as the "Miranda rule." Let us consider in more detail in the article what it is and where it came from in practice.
Culprit
The Miranda Rule is named after one of the most dangerous repeat offenders in the United States, Ernesto Miranda. The man who largely changed the approach in jurisprudence was born on March 9, 1941 in the state of Arizona, the city of Mesa.
Ernesto came from a poor Hispanic family and very clearly fit into the capacious definition of a “problem child”. Once his mother died, and his father married a second time. This episode was largely due to the fact that the young man finally "flew off the coils."
First prison term
If you carefully study the "Miranda Rule", the history of the recidivist should also be considered in a detailed manner. While still a schoolboy, Ernesto delivered a lot of trouble to teachers and classmates. And all of them, of course, breathed a sigh of relief when, in the ninth grade, the guy was kicked outside the walls of the State Industrial School for Boys in his home state.
In those days, such a harmonious name hid a correctional institution for juvenile delinquents. In fairness, it is worth noting that Ernesto got to this institution absolutely deservedly, because in the eighth grade he received a suspended sentence, and a year later he made illegal entry into someone else's house with hacking.
After a year of imprisonment, the American went free, but a month later he was again imprisoned.
Relocation
Once again released, the future culprit in the emergence of the "Miranda rule", decided to move to live in Los Angeles. The City of Angels did not welcome the former convict, and after six months the guy was again arrested - he was suspected of committing an armed robbery and several other offenses. After spending six months in a local pre-trial detention center, the Latinos was deported back to Arizona without receiving any formal charges.
Service
At the age of 18, Ernesto decided to take the path of correction and joined the army. But, of course, nothing good came of him. The young man was constantly daring, rude and refused to obey his commanders. It goes without saying that this behavior did not go unpunished, and he was transported to Fort Campbell to undergo correctional work among the same as himself military personnel.
He was charged with many significant offenses, among which there was even spying on the sexual activity of third parties. However, in the correctional institution, he could not calm down, take up his mind and become a conscientious soldier. Ultimately, he was finally and shamefully kicked out of the Armed Forces on the basis of a psychiatric examination.
As a result, the "loser-demobilizer" moved to the south of the country, where he was a vagabond, stole and was again in prison for car theft in Nashville.
Fatal detention
Once again, Edison made the decision to reform and start living from scratch when he settled in Phoenix. He was even able to find a decent job and start living with a woman who has two children, but at the same time officially married to another man. However, in the spring of 1963, Miranda again fell into the hands of the cops and on a very serious charge: he was suspected of robbery and violence.
As it turned out, the guy drove around the city in a van, in which he dragged young girls with the aim of rape and robbery. However, Ernesto’s car was remembered over time, because for some unknown reason he drove along the same streets. He was arrested by two detectives and sent for identification. Directly at the confrontation, one of the victims recognized him as his tormentor.
This was followed by a two-hour interrogation, as a result of which the American confessed everything. An important nuance - on each sheet, Miranda indicated that his confession was made completely voluntarily, without any pressure from the police, without threats, with a full understanding of the possibility of using evidence against him in court. But at the same time, nobody really announced any rights to him by ear.
Trials
It goes without saying that the case of the Latino was obvious, and the bandit's lawyer Alvin Moore was well aware of this. At the trial, the human rights activist emphasized that the rights were not clarified to his client. Ultimately, it came to the US Supreme Court, where the criminal was just partially justified by some miracle and still ended up in jail, and the police eventually got the obligation to read the rights of the detainees. This is what began to be called the "Miranda rule." It is easy to guess that the innovation caused a lot of controversy in society, but it still exists in our time.
End of life
Released after parole, Ernesto began selling leaflets that read the “Miranda rule” and his personal autograph. Then he got a job as a delivery service driver and spent a lot of personal time in various drinking and gambling establishments. But since the man as a whole did not change his lifestyle, his death at the hands of another bandit in the bar on January 31, 1976 also looks quite logical.
Despite the fact that the doctors of the hospital of Good Samaritans made every effort to save the life of the criminal, they did not succeed. It is noteworthy that the suspect in the murder of Ernesto was detained, but did not give any confession. Some time after he was released from the police station, he completely fled abroad. Thus, no one was punished for the death of a Latino.
Main point
The "Miranda Rule" is mandatory for familiarization today in many countries of the world. Even despite the existing disagreements, this legal norm is not planned to be abolished in the USA either. At the same time, it is worth noting the conciseness and rationality of this warning, sounding from the lips of a policeman during his detention of lawbreakers.
The text of the norm is: “You can remain silent. Everything that you say can be used against you in court. If you do not have a lawyer, then the state will provide it to you and he can attend your interrogation. Do you have any rights?”
Interesting Facts
The Miranda Rule was formally introduced in 1966 based on a decision of the US Supreme Court. From that period on, absolutely any information that was received from the detainee until his rights were announced to him cannot be considered evidence.
In addition, the "Miranda rule" (in SAMP) found its reflection in the popular computer game GTA. The development gained such worldwide popularity that it entrusted many Hollywood stars to voice the roles in it.
The game application allows a person to feel like a criminal, performing various tasks, and in case of detention by police officers he will be read in the SAMP RP "Miranda rule".
Features and nuances
What is the "Miranda rule", every policeman must know, starting with the post of patrol, in many countries of our planet. It is very important to understand that if this legal norm is not read out, the suspect will be able to avoid criminal liability. And even in situations where the criminal himself wants to give a confession, anyway the law enforcement officer must comply with the above rule.
Be sure to indicate: in the event that the detainee does not have his own lawyer, he is by no means released, but provided by a public defender, whose services are free for him.
We also indicate some subtleties of the rule in different states of the USA and other states.
For example, in Virginia, police officers tell detainees that they can refuse to continue to answer a question at any time, even by giving evidence. Thus, representatives of the authorities, as it were, signal to a person about his right to use the fifth amendment of the Constitution.
In the same states that border other countries, police also add the phrase that if you are not a US citizen, you have the right to contact the consul of your country before you begin to answer questions.
In Germany, before interrogating a detainee for the first time, law enforcement officials must tell him that he has the right:
- express their opinion on their detention or not say anything;
- at any time (including before interrogation) get advice from a personal human rights defender.
In turn, in the UK, after the detainee is taken to the police station, he is issued an A4 sheet with all his rights indicated. Moreover, these basic legal theses are written exclusively in the language that is native to the suspect and is absolutely understandable. Moreover, the “Miranda rule” means in this country that a meeting with a lawyer is mandatory, and if one does not have one, then a human rights defender is on duty.