Happy Birthday Miranda Rights!

Ignorance of the law is not a defense.  The Peach State Lawyers want you to know the law so you can protect your rights.

Today we will be talking about the Miranda rights/warning.  These are the rights that everyone knows about, or has at least heard on television!   “You have the right to remain silent, anything you say can and will be used against you in a court of law…”

So why talk about this today?  These rights have been around for a long time, haven’t they?  Yes.  But today is June 13, 2012.  On this date in 1966 the United States Supreme Court issued the landmark decision in the case of Miranda v. Arizona, 384 U.S. 436 (1966).  In the 5-4 decision, the Court held that both inculpatory (tending to show guilt) and exculpatory (tending to show innocence) statements made while in custody to law enforcement (or other agents of the government) are admissible only if the Defendant was informed of the right to have an attorney present before and during questioning and that the Defendant knowingly and voluntarily waived the right.  Thus was born the Miranda warning.

Happy Birthday to the Miranda rights!