What Is The Miranda Warning?

MIRANDA WARNING 2

The Duhaime’s Law Dictionary defines Miranda Warning as: “A requirement that police officers, in the U.S.A., before any questioning is so begun, warn suspects upon arrest that they have the right to remain silent, that any statement that they make could be used against them in a court of law, that they have the right to contact a lawyer and that if they cannot afford a lawyer, that one will be provided”. If an officer fails to read the Miranda warning prior to questioning, any confession or information that is obtained will not be admissible in court. The Miranda Warning received its name in 1966 when the United States Supreme Court deemed it to be a national police requirement after the ruling in the

This is where, Chief Justice Earl Warren established guidelines about what is and what is not permissible in the interrogation room. With Miranda’s conviction overturned, he was then retried in a court of law in a trial that lasted from February 15-March 1, 1967. But, this time, it was Miranda that basically brought all the guilt on himself. He had basically confessed to his common law wife about the rape. His wife went to officials prior to the trial and told them of the conversation that had took place between she and Miranda. It was decided that a common law wife can testify against her common law husband. Once again, Miranda was found guilty and sentenced to 20 – 30 years of jail

As we read in our text, custody by itself does not warrant that Miranda rights be given. It is when the suspect is being interrogated is where the Miranda rights warning needs to be read to and understood by the suspect. It is also important to note that a police officer can ask you questions such as your name, age, and address without having to issue a Miranda warning. In researching for recent cases that had been overturned due to Miranda Rights violations, I came across a murder case that was dropped on June 7, 2011 due to a violation of the suspects Miranda rights. The case was against a 31 year old illegal immigrant, Antonio Martinez-Nunez. Martinez-Nunez was the main suspect in a murder case involving Armando Castaneda. Castaneda was found dead in a parked car in Reynoldsburg, Ohio in August 2009. The cause of death was ruled as asphyxiation. In February of 2010, Martinez-Nunez, was arrested by border patrol, while trying to illegally re-enter the country via Texas. Upon his arrest, border patrol was advised that he was a suspect in the above murder case. Before being sent back to Ohio, Martinez-Nunez was questioned via phone by Reynoldsburg police. The questioning was done with the help of a Spanish interpreter. Martinez-Nunez’s statement led to a nine count