It was just a month ago that I blogged about the 1954 US Supreme Court landmark decision, Brown v Board of Education of Topeka. I referred to the fact that our legal framework is under attack by the current sitting US Supreme Court. I fear the overturning of Roe v Wade will be just the tip of the iceberg. Time will tell.
Americans now know that we cannot take any of our freedoms for granted. The Trump-inspired insurrectionists’ attack on the US Capitol on June 6, 2021 surely taught most of us that, if nothing else.
One of the assurances we have in the United States stems from a landmark decision issued by the US Supreme Court on this date in 1966: Miranda v Arizona. I’m sure you’ve heard of “Miranda Rights” if you watch any police procedural television series set in the United States.
Since the Miranda v Arizona decision, “you have the right to remain silent…” when being arrested. I’ve never been arrested, and I hope I never will be. You never know, though, when something like that might happen. Many people are falsely accused and arrested due to that or by cases of mistaken identity or are falsely singled out due to the color of their skin or for having the same name as someone for whom there is an arrest warrant. That last one can happen to anyone.
If you’re ever arrested in the United States of America – rightly or wrongly – you’ll be glad that on June 13, 1966, the US Supreme Court proclaimed that you must be informed of your rights by the arresting police officer. You have the right to remain silent. If you relinquish that right, anything you say can be held against you in a court of law. You have a right to legal counsel – either a lawyer you hire or one appointed for you by the court if you cannot afford to hire one yourself.
Miranda v Arizona was decided by a 6 to 3 majority of the US Supreme Court. The majority ruled based on the 5th Amendment to the US Constitution. Dissenting justices argued that the law wasn’t necessary and that police officers inclined to conduct questionable interrogations would just ignore the decision.
I think most Americans know enough about the law now that they are aware that they “have the right to remain silent” and that they “have a right to legal counsel.” An informed citizenry will help keep police officers with questionable motives and tactics in check. Of course, there are always exceptions to the rule. My black friends can attest to that.
The original Miranda Case
In a nutshell, Ernesto Miranda was convicted after confessing under police interrogation that he was guilty of kidnapping, rape, and armed robbery. The conviction was overturned by the Miranda v Arizona US Supreme Court decision. Mr. Miranda was tried again, convicted, and sentenced to 20-30 years in prison.
Seeing Miranda v Arizona in action
I served on a jury in my county’s Superior Court in the 1970s. The case before us was a child neglect matter due to a mother keeping her children out of school based on a religious belief that the world was going to come to an end on a specific date in the near future.
The mother’s reasoning was that her children didn’t need an education, since the world was going to end in a few months. It appeared to be an open-and-shut case until the woman’s attorney informed the judge that his client hadn’t been read her Miranda Rights. The case was immediately dismissed.
Since my last blog post
I had the privilege of watching and listening to four free webinars offered by Chad R. Allen. He offered lots of useful information about book publishing and, specifically, how to write a successful book proposal.
I also watched and listened to a free webinar by Geoff Affleck about how to advertise on Amazon.
Until my next blog post
Keep reading! I hope you have a good book to read this week.
Make time to enjoy a hobby.
Remember the people of Ukraine and Uvalde, Texas.