Miranda Vs Arizona : Accused Has To Be Informed About His Right To Remain Silent During Interrogation
In Miranda vs. Arizona the Supreme Court held that statements recorded by police during interrogation will not be admissible before Court unless the accused was informed about his right to consult an attorney and his right to remain silent.
What were facts of Miranda Vs Arizona ?
Ernesto Miranda was arrested by the Phoenix Police Department for kidnapping and rape of 18 year woman. After interrogation by police, Miranda signed a confession document. He was not advised by the Police about his right to remain silent or that his statement can be used against him. Based on his confession statement, Miranda was convicted for kidnapping and rape. An appeal was filed before Arizona Supreme Court wherein his appeal was confirmed. Finally an appeal was filed before the Federal Supreme Court.
What were findings of the Supreme Court in Miranda Vs Arizona ?
The Supreme Court held that due to coercive nature of custodial interrogation by Police, no confession is admissible unless an accused had been made aware of his right to remain silent and right to consult an attorney under Fifth and Sixth Amendment of the Constitution and waived them. If the accused indicates that he wants to remain silent interrogation should cease. If the accused wants to consult an attorney interrogation should cease till an attorney is present and interrogation should continue in presence of attorney. After this judgment re-trial of Miranda was conducted wherein he was convicted again. Miranda judgment is landmark judgment which has expanded rights of accused person. After Miranda Judgment police has give warning called “Miranda Warning” wherein the accused is informed about his rights to be silent or to avail an attorney. Miranda decision has also been criticized on the ground that it will undermine the efficiency of police.
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Mukesh Kumar Suman is an advocate and legal author based at Delhi. He regularly appears before various Judicial Forums including NCLT, NCLAT, High Courts and the Supreme Court. He can be approached at mukesh_suman@outlook.com or +91 9717864570.