Readers who are familiar with American gangster movies are familiar with the first sentence that a police officer said to a criminal suspect: "You have the right to remain silent. If you don't keep silent, everything you say will be used as evidence in court. You have the right to have a lawyer appear in court. If you can't afford a lawyer, the court will provide you with one for free. Are you fully aware of your above rights?
This passage is the famous "Miranda warning", also known as "Miranda warning", which means that the suspect or defendant has the right to remain silent and refuse to answer when being questioned.
This warning originated from an American case.
Here's the thing: In 1963, the police in Phoenix, Arizona arrested the young Miranda for kidnapping and raping an 18-year-old mentally retarded girl. He signed a confession after being questioned at the police station for two hours. But afterwards, he said that he didn't realize that the Fifth Amendment gave him the right to remain silent. In other words, Miranda didn't know that she had the right to remain silent or to hire a lawyer, and the police didn't tell him. His lawyer protested in court that Miranda's confession could not be used as evidence of his crime in the constitution. Although the amendment to the Constitution has existed for nearly 2 years, until the early 196s, American judicature has always followed the historically established principle that confessions made by suspects "voluntarily" can be submitted to the court as evidence. At that time, it was not emphasized that the police must inform the suspect of his rights. " At that time, self-will, not coercion, was the only criterion. Therefore, Miranda's confession is still used as the main evidence to convict him in court. He was sentenced to 2 years in prison. He appealed to the Federal Supreme Court on the grounds that he was "not informed of his rights" and asked the Supreme Court for a review.
In p>1966, the Supreme Court presided over by Chief Justice Warren ruled that citizens have the right to know their rights under the Fifth Amendment before interrogation, and the police have the obligation to inform suspects of their rights before interrogation. Therefore, the Miranda case was declared invalid and sent back for retrial.
From now on, if the American police forget these key words when making an arrest, all the confessions made by the parties will be invalid at the trial, and the parties may eventually be released by the court because their rights were violated at the time of arrest. Since 1966, all police officers in the United States have to issue Miranda warning to suspects before interrogating them, no matter how busy, how hurried, how bad they feel and how nervous the situation is. This is the origin of the famous Miranda warning.
Speaking of which, you must want to know what happened to Miranda's remand 35 years ago. After the Supreme Court made the Miranda case judgment, the Miranda case was retried, the jurors were re-selected and the evidence was re-examined. Miranda's initial confession can't be used, but fortunately, the prosecution found new evidence. Miranda once boasted about her criminal experience to an ex-girlfriend. The police found the ex-girlfriend and asked her to testify in court. In 1976, Miranda, 34, was stabbed to death in a bar fight. The police arrested a suspect in the assassination of Miranda. Before the interrogation began, the police issued a Miranda warning to the suspect. The suspect chose to remain silent, but the police filed a lawsuit against him according to law.