The Origin of "Miranda Rights"

This episode explores the historical and legal background leading to the establishment of the Miranda Rights in the United States.

1. The Miranda Rights originated from a 1966 Supreme Court case involving Ernesto Miranda, who wasn't informed of his rights during his arrest.
2. This legal requirement was rooted in the Bill of Rights, specifically the Fifth and Sixth Amendments, which safeguard against self-incrimination and ensure fair trial rights.
3. James Madison played a pivotal role in the creation of the Bill of Rights, which later supported the basis for Miranda Rights.
4. The episode highlights the ongoing impact of Miranda Rights on ensuring justice and protecting individual freedoms in the U.S.
5. It also illustrates the complex interplay between historical developments and individual cases in shaping law.

1: The Arrest of Ernesto Miranda

In 1963, Ernesto Miranda was arrested without being informed of his rights, leading to a confession that he later contested in court. This incident sparked a significant legal challenge. Lindsey Graham: "It's a pivotal moment that changes American justice."

2: Historical Context

The episode dives into the history of the Bill of Rights, focusing on James Madison's advocacy in 1789, which laid the groundwork for later legal protections. James Madison: "A Bill of Rights will be a testament to the nation's commitment to justice."

3: The Supreme Court Decision

In 1966, the Supreme Court ruled that suspects must be informed of their rights, leading to the formal establishment of the Miranda Rights. Lindsey Graham: "This decision ensures that all suspects are aware of their fundamental rights."

1. Educate yourself about your legal rights and protections under the law.
2. If arrested, remember that you have the right to remain silent and the right to an attorney.
3. Encourage discussions about civil liberties in educational settings to spread awareness.
4. Support organizations that advocate for civil rights and legal reforms.
5. Stay informed about changes and updates in the law that impact civil liberties.

June 13, 1966. The United States Supreme Court rules in Miranda v. Arizona that the police must inform suspects of their Fifth Amendment rights before questioning them, and thus the “Miranda Rights” are established.

People

Ernesto Miranda, James Madison

Content Warnings:

None

Lindsey Graham
There are more ways than ever to listen to history daily ad free listen with wondery in the Wondry app as a member of R@R.com or in Apple Podcasts. Or you can get all of history daily, plus other fantastic history podcasts@intohistory.com.

it's August 14, 1978, in Kansas City, Missouri. James Lewis is hard at work at his home office as a 32 year old accountant. His life is a constant stream of receipts, pay stubs, and forms. The heat of the midwestern summer doesn't make his work any less tedious. Every few seconds, his electric fan stirs the thick air and sends the corners of his papers fluttering.

James is finishing up work for one of his clients when he's startled by a knock on his front door. Getting up, he heads down the hallway to answer it, and on his front porch are two police officers. This is an unusual sight, but not totally unexpected. A few weeks ago, James was invited down to the station to answer some questions about a friend who'd gone missing, Raymond West. James happily submitted to the interview and told the police plenty of what he knew about Raymond.

Now he assumes theyve come to give him an update on the case. But James isnt even finished greeting the officers before they tell him theyre placing him under arrest for murder. The police put James in handcuffs and lead him to the squad car. As hes guided into the backseat, James looks back at his house, his thoughts racing. He retraces his steps, trying to piece together how he got into this mess.

He doesnt know what the cops have on him, but it must be something big.

Indeed, the evidence against James Lewis looks damning. Detectives find rope in his car that matches rope found next to Raymond Wests body. James gives conflicting accounts about his whereabouts at the time of the murder, and he seems to have siphoned off thousands of dollars from Raymonds accounts. But despite all of this evidence, the charges against James will eventually be dropped and he will be free to go. Because the officers who arrested him made a mistake.

They never read him his Miranda rights, the speech given to all people arrested in America. And these officers should have known better, because by the time they showed up to arrest James Lewis, twelve years had passed since reading the Miranda warning to criminal suspects was enshrined in federal law on June 13, 1966.

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Lindsey Graham
From noiser and airship, I'm Lindsey Graham, and this is History daily.

History is made every day on this podcast. Every day we tell the true stories of the people and events that shaped our world. Today is June 13, 1966. The origin of Miranda rights it's June 8, 1789, inside federal hall in New York City. The first Congress of the United States is only a week old, and the air inside the hall is thick with anticipation.

Murmurs ripple through the crowd as a delegate from Virginia rises from his seat. James Madison is 38 years old. He can feel every eye in the room watching him, and he waits for the other delegates to fall silent before beginning the opening lines of his prepared speech. He knows what's at stake in this debate, the very future of their fledgling republic. Two years ago, many of the same delegates who are here today came together to write the US Constitution.

But since that revolutionary document was sent out to the 13 states in the Union for approval, it's been met with harsh criticism. Many people fear the power the constitution gives the new federal government might lead to the entire thing to be rejected. So now delegates in New York have gathered to figure out what to do to make sure the foundation of their new country works for everyone. James Madison is one of the strongest supporters of the constitution in Congress. He knows the original document isnt perfect, but its necessary and hes confident that he has a solution that will allay the concerns of many critics.

Now all he has to do is convince them that hes right. When the room finally quiets down, he begins his speech. He explains that while the constitution as written is robust, it is not infallible. This thought provokes a few whispers of consternation in the hall. But Madison ignores them and continues.

Hes spoken to the people. He says hes heard the earnest pleas of constituents who worry that the federal government is being given too much power and that the war of independence theyve just fought against the british will result in no real change in the way the common people are governed. Madison tells the other delegates that hes given these people his word that their concerns will be heard. And he asks his colleagues to ensure that its not just the government that is strong, but that its people are too. What this first Congress needs to do is protect individual liberties with a bill of rights.

When no one shouts him down, Madison continues. He explains that something this important shouldnt be thought of as a mere footnote to the constitution. This bill of rights will be a testament to the nations commitment to justice, the very principles it was founded on. As he speaks, Madisons heart races. But he looks around the hall and can see that hes winning people over.

Some delegates nod quietly. Others are more excited, applauding or calling out their agreement. So Madison goes on to make a final point, one that is central to his argument. He tells his colleagues that a Bill of rights will encourage people to educate themselves about liberty and the law, which will help protect them and the country from future tyranny. This seals the deal, and the first Congress agrees to add a bill of rights to the us constitution.

Over the next two months, James Madison drafts a series of new amendments. The other delegates in New York are especially concerned about unfair persecution. They note that there needs to be a system that protects peoples rights while ensuring that they follow the law. In response to these concerns, Madison drafts what becomes known as the Fifth and 6th Amendments. The Fifth Amendment provides the right to due process of law and protection against self incrimination.

The 6th Amendment guarantees individuals several things. The right to a speedy and public trial, to an impartial jury, to be informed of criminal charges, to confront witnesses, and the right to an attorney. The exact text of the amendments is argued over and adjusted again and again. But James Madison works doggedly to see his proposal through Congress. And two years after he first stood up to speak his mind in New York, the Bill of Rights is ratified by the states.

Over the decades that follow. These first amendments to the Constitution will become a cornerstone of the American Republic. But the principles behind the Bill of Rights will be repeatedly debated and eventually, more than a century after the time of James Madison, the extent of constitutional protections will be tested by a violent criminal in the highest court in the land.

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Lindsey Graham
Its March 13, 1963 in a police station in Phoenix, Arizona, 172 years after the ratification of the Bill of Rights, police officers Carol Cooley and Wilford Young are engrossed in paperwork when the phone rings. Carol answers, and the man on the other end is frantic. He explains that hes the brother of Lois Jamison, an 18 year old woman who was sexually assaulted the week prior. Hes just seen the car belonging to his sisters attacker. Its parked in the driveway of a nearby house, and hes eager for the police to know where the attacker is.

This phone call is a key lead. Right after the attack, Lois Jamison went to police and gave them a detailed account of the assault, her attacker, and his car. But they were unable to quickly apprehend a suspect. Now the police have a chance. Carol and Wilford head to their squat car and immediately drive out to the address.

There they find 22 year old Ernesto Miranda standing near the car in question. They approach and calmly request that he come down to the station to participate in the lineup. Ernesto agrees and gets in the squad car of his own volition. At the station, Carol and Wilford usher Ernesto into a lineup with other men. Then they invite Lois Jamison to join them in the viewing room.

Her nerves are palpable as she takes in the lineup through the glass. She studies the men for several minutes and then lets out a sigh. She thinks her attacker might be Ernesto, but she cant totally be sure. Carol and Wilfred let Loews go, asking for her to wait outside, and when shes gone, they exchange a knowing glance. They are both sure that Ernesto Miranda is their guy, even if Lois isnt so, they dismiss everyone in the lineup except Ernesto.

Then, without actually saying so, Carol and Wilford convince Ernesto that the victim positively identified them. And after that, they lead Ernesto to an interrogation room. Neither of the officers inform Ernesto of his constitutional rights to an attorney or that he has the right to remain silent as they ask him questions. Telling him these things is standard procedure at the time, though not actual law. But for some reason, the two police officers skip this part and dive right into questioning.

For 2 hours, the officers press Ernesto for answers. And the longer the interview goes on for Ernesto, the larger the mountain of evidence against him seems. He begins to feel the weight of the situation. But if Ernesto is getting worried, the officers are secretly nervous, too. They know that they need stronger evidence if theyre going to make their case.

So they arrange for Ernesto and Lois to be close enough so that they can see and hear each other. Then the police ask Ernesto if Lois is the victim from the attack. Theyve been discussing. He says that she is. And that simple statement achieves two things.

It confirms to the police that Ernesto is their guy, and it allows Lois to hear the voice of her attacker, which she still remembers. All of this makes the case against Ernesto much stronger. Back in the interrogation room, one of the officers then slides a piece of paper across the table to Ernesto. It's a pre written confession outlining the assault on Lois. All it needs is Ernesto's signature.

Believing he has no other choice, Ernesto signs the confession. And with the document in hand, officers Carroll and Wilfred feel a sense of accomplishment. They believe theyve brought a dangerous criminal to justice. Two days later, Ernesto Miranda is formally charged with attacking Lois Jameson at his trial. The following month, the jury finds Ernesto guilty of rape and kidnapping, and hes sentenced to 30 years in prison.

Ernestos lawyer, though, is not happy with the outcome. He appeals to the Arizona Supreme Court on the grounds that Ernesto was not given access to legal counsel during police questioning. He argues that Ernesto would not have confessed if Hed had a lawyer present to inform him of his right to remain silent. But the court sees no problem with the officers actions and upholds the conviction. By now, though, this case is about more than just whether Ernesto did or did not commit the crime hes accused of.

Its now about the rights of all Americans to a fair trial. And if the state of Arizona wont uphold those rights, maybe a higher authority will. So with the support of the American Civil Liberties Union, Ernesto will submit an appeal to the United States Supreme Court. And policing and the justice system in America will never be the same again.

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Lindsey Graham
It's June 13, 1966, in Phoenix, Arizona. Three years after the trial of Ernesto Miranda, Twyla Hoffman is at home with her three young children. After they all have breakfast on their plates, she turns on their radio. Twyla tries to hide the worry on her face while she waits for the next news report to hit the air. Twylas ex partner and the father of her children is Ernesto Miranda.

Hes been in prison for three years for the kidnap and rape of Lois Jameson. But today, the US Supreme Court is expected to hand down its ruling on Ernestos appeal. Listening to the radio, Twyla doesnt have to wait long. The announcement soon comes through from Washington, DC. The Supreme Court has ruled that the police in Phoenix abused Ernestos constitutional rights.

The fifth and 6th amendments dont only apply in criminal proceedings. All people accused of a crime are entitled to those protections and must be informed of their rights. This ruling means that from now on, authorities must read suspects what will become known as a Miranda warning outlining suspects rights to remain silent and to an attorney. But that is not what Twyla is really interested in. The courts ruling also means that Ernesto is entitled to a new trial, where the confession he signed in police custody will no longer be admissible.

This makes Twyla afraid. She does not want Ernesto to go free. She knows he wants to take the children away from her. But luckily for her, and perhaps her children, she has the power to control Ernestos fate. While Ernestos written confession may have to be thrown out while he was in jail, he admitted to Twilight that he did in fact kidnap and assault Lois Jamison.

So Twyla contacts the police and tells them what she knows. And at Ernestos second trial, Twylas testimony makes the difference. Ernesto is once again found guilty and sent back to prison. Ernestos case was a serious one. The rights it secured will be debated and challenged for years afterwards, much like other civil liberties dating back to the time of the founding fathers.

But many today believe the foundations of justice are stronger when even those responsible for terrible acts have certain rights and protections. It is perhaps a better legacy than Ernesto Miranda himself deserves, but one that persists more than half a century after the Supreme Court made the reading of Miranda Wright's the Law of the Land on June 13, 1966.

Next on History Daily June 14, 1985 TWA Flight 847 is hijacked en route from Athens to Rome.

From Noiser and airship, this is History daily. Hosted, edited, and executive produced by me, Lindsey Graham Audio editing by Mohammad Shazi Sound design by Gabriel Gould music by thrum this episode is written and researched by Sarah Batchelor. Edited by Joel Callan managing producer Emily Burke executive producers are William Simpson for airship and Pascal Hughes for r well, it's nearly summertime. The kids are getting out of school, and you might soon be packing up the car for a road trip. Well, this summer, wonder E and Tinkercast are teaming up to bring you a summer of wow.

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