 Mystery: December 21, 2016 Issue [#8036] |
  Mystery
This week: You have the right to remain silent Edited by: Arakun the twisted raccoon  
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Quote for the week: Often the hands will solve a mystery that the intellect has struggled with in vain."
~Carl Jung
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If you watch many TV crime dramas, you have probably heard this statement many times:
“You have the right to remain silent. Anything you say can and will be used against you in a court of law. You have the right to an attorney. If you cannot afford an attorney, one will be provided for you. Do you understand the rights I have just read to you? With these rights in mind, do you wish to speak to me?”
The above statement, called the Miranda warning, must be read to suspects in police custody in the US before investigators can begin interrogating them. The rights outlined in the warning are actually guaranteed by the United States Constitution, but police are required to read the statement to protect any suspect who may not be aware of his constitutional rights.
The name comes from the 1966 Supreme Court decision, Miranda vs. Arizona. In 1963, a young man named Ernesto Miranda was arrested in Phoenix under suspicion of kidnapping and rape of a woman a few weeks earlier. After several hours of questioning, Miranda confessed to the rape charge. During his trial, his lawyer argued that the confession should not be allowed as evidence, because Miranda did not know that he had the right to remain silent or to have an attorney present during questioning. Miranda was convicted but appealed his case all the way to the Supreme Court where his conviction was overturned, because the court ruled his confession inadmissible. Although Miranda was later retried and convicted based on evidence other than the confession, the Miranda decision still stands.
The Miranda warning only applies to cases in the United States, but officers in many other countries are required to read similar statements. If your story takes place in another country, be sure you are familiar with their procedures and laws.For example, here is the statement that is given in England and Wales:
“You do not have to say anything. But it may harm your defence if you do not mention when questioned something which you later rely on in Court. Anything you do say may be given in evidence.”
Many states have additional rules against questioning a juvenile without a parent or guardian present.
Many people believe that if the police do not read the suspect his rights, the case will automatically be thrown out, but this does not always happen. The law only applies to statements and information the suspect gives as the result of interrogation. If the suspect did not say anything that is used as evidence in court, no rights were violated. However, any confession or evidence obtained during questioning without the Miranda warning will not be admissible. If the case is not strong enough without it, it will be dismissed.
Under a few conditions, reading the Miranda warning before questioning a suspect is not necessary. One example might be a situation where public safety is at risk, such as when the suspect knows the location of a bomb that is about to explode. Another might be when a person is being questioned as a witness and not thought of as a suspect yet.
Something to try: Write a mystery story, where the Miranda warning (or lack of it) is important to the plot.
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Short story about a detective trying to figure things out. 2nd Place in August Bard's Hall
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