Although you may not know what exactly the Miranda Rights are, more likely than not you have heard the actual rights, if not in person, at least on television or in movies. You may be asking, what exactly are the Miranda Rights and how are they used during an arrest?
The Miranda Rights are as follows: 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 one, one will be appointed to you. Probably sounds familiar, right? Here is how the rights got their name, and why they are important to anyone who is under arrest.
The Miranda Rights were established in 1966, following a court case involving Ernesto Miranda, a man arrested and accused of abduction and rape of an 18-year-old woman in Phoenix, Arizona in 1963. Miranda initially confessed to the crime, but recanted later, after learning he did not have to say anything. He subsequently went to trial and was convicted, but while in prison appealed with help from the American Civil Liberties Union, who claimed that he was coerced into the confession.
His conviction was then overturned by the United States Supreme Court. Miranda was then retried and convicted again, but his legacy remains. In the United States, the Miranda Rights are spoken to every person who is arrested. They are important because they give the right for someone to not self-incriminate him or herself by stating something that will hurt their case, such as a confession. It is important that anyone is in such a situation be aware of these rights. If you have been arrested for DUI/DWI and did not receive your Miranda Rights, as required by law, you may be able to fight the charges and have them dismissed in court.
Source: History.com, "1966 - The Miranda Rights are established," Accessed on July 10, 2017