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Writer's pictureJohn Mark Aguinaldo

Miranda Rights

Updated: Feb 22, 2023

The origin of Miranda rights can be traced back to the landmark case of Miranda v. Arizona in 1966 [1]. This case established the constitutional requirement that police officers inform suspects of their right to remain silent and to have an attorney present during police interrogations.


Ernesto Miranda, a resident of Phoenix, Arizona, was arrested in 1963 for kidnapping and rape. During his interrogation, he was not informed of his right to remain silent or to have an attorney present. Despite this, he confessed to the crimes, and his confession was used as evidence against him during the trial. Miranda was found guilty and sentenced to 20 to 30 years in prison.





Miranda’s legal team appealed the case all the way to the U.S. Supreme Court, arguing that his confession was obtained through coercion and in violation of his Fifth Amendment rights. The Supreme Court agreed and ruled that the confession was inadmissible in court.


The Court also established the rule that suspects must be informed of their rights before any police questioning can take place. This ruling has since become known as the Miranda warning or the Miranda rights.


The Miranda warning [2] is designed to ensure that suspects understand their constitutional rights and the consequences of waiving those rights. The standard Miranda warning typically includes the following elements:

  • The right to remain silent

  • Anything the suspect says can and will be used against them in court.

  • The right to an attorney

  • If the suspect cannot afford an attorney, one will be appointed for them.

Police officers are required to read the Miranda warning to suspects before any custodial interrogation. Failure to provide the warning can result in any statements made by the suspect being excluded from trial or in worst case scenarios, the case may be dismissed.


The 1987 Philippine Constitution does provide for the right to remain silent and the right to counsel. Article III, Section 12 of the Philippine Constitution states that "Any person under investigation for the commission of an offense shall have the right to remain silent and to counsel, and to be informed of such right."


In addition, there is a law called the "Anti-Torture Act of 2009," which provides additional protections for suspects during police investigations. This law requires police to inform suspects of their rights, including the right to remain silent and the right to counsel. It also prohibits the use of torture or other forms of cruel, inhuman, or degrading treatment during police interrogations.


The Constitution and laws do provide similar protections to individuals who are under police investigation. These protections are essential for ensuring that suspects are treated fairly and that their constitutional rights are respected, regardless of the nature of the crimes they are accused of committing. As cadets, and future leaders in the field of law enforcement, we must be able to protect the rights of every citizen in this country. This doctrine must be observed and strictly adhered.


 

[1] Philippines Miranda Rights Translation | Language Connections. (2022, July 1). Language Connections. https://www.languageconnections.com/blog/philippines-miranda-rights-translation/


[2] https://www.history.com/news/who-is-the-miranda-warning-named-for


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