The Most Interesting Thing I Learned This Week: You Have the Right to Remain Silent

Miranda Rights.

Have you ever been in a situation where some uniformed officer had his knee in the middle of your back while he was cuffing you and he began to say, "You have the right to remain silent. Anything you say can and will..." As he's speaking you drift off, getting lost in your own thoughts, wondering, "Why do the call them Miranda rights?"

No? Never happened?

Well, me neither - allegedly.

It does so happen that I read a story recently about the Supreme Court ruling stating that you have to say, "I'm invoking my right to remain silent," in order to have your Miranda Rights to be in effect. Better file that one away just in case.

So, why Miranda? Why not Carrie, Charlotte or Samantha rights? That's for my lady reader - showing her a little special attention this week. Though I did have to Google "Sex and the City" to get the final two names. The effort should count for something ladies! I mean - lady.

Ernesto Miranda was convicted of a kidnapping and rape in 1963. His own confession was used as evidence against him in the trial. In the appeal his lawyer argued that Ernesto was not aware that he did not have to speak to the police and could wait for his lawyer before doing anything, and the ruling was reversed. Later, Ernesto was convicted without using his own confession as evidence against him.

Ernesto!

Shortly thereafter, officers began issuing Miranda warnings to those they arrested. It is not mandatory by law that the warning be read, but not reading the warning may make anything said inadmissible as evidence in a trial.

But here's the real reason I'm writing this today. Whatever happened to ol' Ernesto Miranda? Well, it turns out he was in and out of jail until 1976 when he was involved in a violent fight in which he was murdered with a knife. The suspect was caught, but he refused to speak after being read, that's right, his Miranda rights. Oh that's just dripping with irony - I hope it doesn't get on the rest of my blog.

The suspect was released without being charged and is believed to have fled to Mexico.

I think it would be cooler if they would have called them Ernesto Rights, but nobody asked me.