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MIRANDA v. ARIZONA (1966)

The necessity for the existence of the Fifth Amendment enjoys perhaps the most colorful history and underpinnings of any of our revered Bill of Rights. Stories of tortures by the Star Chamber administered to obtain often false confessions were legion and were well known by our eighteenth-century forefathers. The right to not be a witness against oneself did not amount to much if suspects were coerced, tricked, or otherwise goaded into confessions in the back rooms of local police stations. Of course, many of these victims did not know their rights. In 1966, the Court tried to make sure they would from then on.

It is not widely known that the U.S. Bill of Rights, by long-standing judicial precedent dating to 1833, barred only Congress, not the states, from violating its sanctions. In the period since the 1920s, a process of nationalizing the Bill of Rights took place through judicial determination. This nationalization depended on incorporating the Bill of Rights into the Fourteenth Amendment's restrictions on state action.

By the 1960s, most of the essential rights guaranteed under the first five constitutional amendments had been extended to the states. It became an objective of the Supreme Court under Chief Justice Earl Warren to bring criminal procedures in state courts into conformance with the rules that federal courts were required to follow. In particular, the rule excluding illegally obtained evidence, establishing a right to counsel, and freedom from self-incrimination had all been extended to the state courts by 1964. As the U.S. Supreme Court turned its attention to local station-house procedures, confessions obtained by torture had been thrown out, but the right to remain silent and the right to consult an attorney had not been reviewed. The Court took up this question in the case of Miranda v. Arizona, with a decision handed down in 1966.

Ernesto Miranda, a twenty-three-year-old schizophrenic with a ninth-grade education, was picked up by the Phoenix police and accused of a kidnap-rape. He was taken to the station house interrogation room, and within an hour the police emerged with a signed written confession. He was convicted, and on appeal the Arizona Supreme Court confirmed the conviction.

The Warren majority evinced deep distrust of police methods in cases like this, and wanted assurance that confessions were in fact voluntary and absolutely without duress. They wanted assurance also that the accused had counsel present during the interrogation, or at least had the right to remain silent until counsel had been consulted.

Elaborate procedural safeguards—pretty much the same as those already employed by the F.B.I, in federal cases—were outlined, resulting in the now widely known statements read to suspects. Less known is the fact that the Miranda Rules apply only under a rather narrow set of station-house conditions, and the Supreme Court since the 1960s has further limited the circumstances under which persons taken into custody can claim the Miranda Rules. Nevertheless, Miranda marks an important high-water mark expanding Federal Bill of Rights protections to the states.

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