On June 13th, 1966, the U.S. Supreme Court issued the landmark decision in Miranda v. Arizona, establishing Miranda rights.
Background – Most of us have heard Miranda Rights given on TV shows: “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 can not afford an attorney one will be appointed for you”
Scenario
A man is convicted of murder. Later, it is discovered that police arrested and questioned him without first reading his Miranda rights.
Question #1: Does that automatically mean the defendant goes free?
Answer #1
No.
A Miranda violation does not automatically free the defendant. An appeals court may uphold the conviction if there is strong evidence of guilt besides the confession, such as DNA evidence.
If the court believes the confession may have improperly influenced the verdict, it can overturn the conviction and order a new trial. The prosecutor can then decide whether to retry the case without the confession.
Question #2: The Miranda decision was issued in 1966. Before 1966, police did not routinely give Miranda warnings. Were all convictions obtained before 1966 automatically overturned after the Miranda decision?
Answer #2
No.
The Supreme Court ruled that Miranda would generally apply only to future cases and cases still working their way through the courts. Convictions that were already final before 1966 were generally not reopened simply because Miranda warnings had not been given.
As a result, thousands of convictions obtained before 1966 remained valid.
The Winners
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Thanks for participating in the June 13th Net!
Ron / K4RJT