The origin of the phrase "you have the right to remain silent..." and "the right to remain silent" i

The sentence “You have the right to remain silent, but anything you say can be used against you in court” was so familiar in movies, especially US crime movies. Then, what is the origin of this famous sentence? And in the legal issue of the right to remain silent in criminal procedure laws, what is the significance of this sentence?

"You have the right to remain silent..." is known as the Miranda warning in the United States. This was a warning given to criminal suspects by law enforcement officials, even if they weren't formally arrested, when they were in custody, under arrest, or about to be questioned or questioned about an offense; it also applied to situations where the suspect's freedom of movement was severely restricted. If a suspect has not been told of their "Miranda rights" and has not consciously, willingly, and intelligently waived them, their denunciation will not be accepted as evidence.  Nonetheless, without reading the Miranda warnings to the suspect, law enforcement officials might still request basic identifying information like name, date of birth, and residence.  

In 1966, the United States Supreme Court decided in Miranda v. Arizona case, establishing the Miranda warnings as a way to defend criminal suspects' rights under the Fifth Amendment of the United States Constitution. According to the Fifth Amendment of the United States Constitution, no one can be forced to testify against himself in a criminal trial.

The content of the case law Miranda and the famous phrase “You have the right to remain silent…”

The name “Miranda” was from a suspect in a case where the perpetrator was Ernesto Miranda, born in 1941, a resident of the town of Mesa in the state of Arizona. He was well-known to the local police due to numerous arrests from when he was just 13 years old.

Miranda was detained by the authorities in 1962 and was suspected of being the culprit in several incidents of abduction and sexually abusing young girls.

After Miranda confessed to the charges of kidnapping and sexual assault, he was taken to identify the victim’s voice. In front of the girl, the police officers asked Miranda if she was the victim. Miranda replied, "That's her."

After that, the victim stated that Miranda’s voice was like the voice of the perpetrator who had harmed her!

Miranda wrote a confession, and at the top of each page, there was pre-printed text stating that the person making that statement did so voluntarily, without being threatened, deceived, or promised a reduction in charges. Most importantly, it included the phrase: "This statement is made with a full understanding of my legal rights, and I know that anything I say may be used against me."

However, Miranda was not informed that he had the right to have an attorney representing him.

In June, 1963, Miranda was taken to the Court with the crime of assaulting and the old attorney Alvin Moore, who was 73 years old at that time, was appointed by the Judge Yale McFate to defend him.

Attorney Moore raised an objection for using the testimony of Miranda against him. However, Judge McFate overruled the attorney's objections, and it's clear that he was subsequently sentenced to prison.

In April 1965, the Arizona Supreme Court reaffirmed the trial court's decision. However, this decision attracted the attention of Robert J. Corcoran, a prominent attorney.

As a former prosecutor, Corcoran understood that the police often easily obtained confessions initially from suspects with little education and inadequate understanding of their legal rights.

Corcoran called John J. Flynn, a criminal lawyer, to propose taking over the Miranda case. Flynn agreed and enlisted the help of John P. Frank. Both of them would work on the case pro bono.

On the morning of February 28, 1966, John Flynn had two tasks. Firstly, he had to persuade all 9 judges to conclude that most American citizens were at a legal disadvantage when pursued by the police. Secondly, John Flynn wanted the judges to focus not on whether citizens were informed of their rights but on when they should be informed.

Four months later, Chief Justice of the U.S. Supreme Court, Earl Warren, wrote in the ruling that a person who is arrested before being interrogated must be clearly informed that they have the right to remain silent and that anything they say can and will be used against them in a court of law.

That person must be clearly informed that he has the right to be consulted and accompanied by an attorney during the interrogation; and if  he is the poor, there shall be an appointed attorney.

The judgment of the U.S. Supreme Court was contrary to the judgment of the Arizona Supreme Court, and held that Miranda was not guilty of rape.

The ruling also affirmed that only when the suspect is clearly and unequivocally informed of their rights before questioning, their statements are admissible. However, surprisingly, the Supreme Court's decision relies on the Fifth Amendment rather than the Sixth Amendment (which speaks to the right to an attorney), as argued by Alvin Moore earlier.

Link for full: The origin of the phrase "you have the right to remain silent..." and "the right to remain silent" in criminal procedure

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