1976 January 31

Ernesto Miranda, of “Miranda Warning” Fame, Dies

 

Ernesto Miranda, the criminal defendant whose appeal of his conviction was the basis for the Supreme Court’s decision, Miranda v. Arizona (June 13, 1966), died on this day.

Miranda’s case established the famous “Miranda Warning,” which requires the police to advise suspects they have a right to remain silent and also a right to an attorney.

The Court’s opinion held that: “As for the procedural safeguards to be employed, unless other fully effective means are devised to inform accused persons of their right of silence and to assure a continuous opportunity to exercise it, the following measures are required. Prior to any questioning, the person must be warned that he has a right to remain silent, that any statement he does make may be used as evidence against him, and that he has a right to the presence of an attorney, either retained or appointed. The defendant may waive effectuation of these rights, provided the waiver is made voluntarily, knowingly and intelligently.”

Read about his famous case: Liva Baker, Miranda: The Crime, The Law, the Politics (1983)

Learn more about the case: Gary Stuart, Miranda: The Story of America’s Right to Remain Silent (2004)

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