Miranda: Rights, Warning, Courts, a Moon, and even Shakespeare!

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A current case in the Supreme Court is revisiting the Miranda Warning over 50 years after it was first detailed by the Supreme Court led by Earl Warren.  This time the issue is "if officers who don't provide a Miranda warning can be sued for violating a suspect's constitutional rights".  What may be happening, instead of creating a means to dismiss a criminal case at the onset, the courts will legislate blanket culpability and intent for the arresting officer(s) as well as possibly deterring apprehension of criminals. SCOTUS hears case over L.A. deputy who didn't read Miranda rights (police1.com)


Miranda was the daughter of Prospero in the Shakespeare play "The Tempest", she is married to Fernando.  Some observations suggest Miranda represents  Elizabeth Stuart, Queen of Bohemia and daughter of King James, and her new spouse, Elector Frederick V.  While others suggest the inspiration for the title of the move "Brave New World" comes from the play Act 5 Scene 1: "How beauteous mankind is! O brave new world that has such people in't!

MEANWHILE, it is not speculation that inspiration for the name for one of Uranius moons is from Shakespeare - because all of the moons are from the bards' characters.   "Miranda" the moon, was discovered in 1948, at the McDonald Observatory in western Texas.  In Depth | Miranda – NASA Solar System Exploration  The moon was confirmed in 1986 when Voyager 2 visited Uranius.


The more serious reference to Miranda originated in 1966, when 24 year old Ernesto Miranda was arrested and  while in police custody confessed to the charges of rape  and child kidnapping without knowing his rights based upon the 6th Amendment of the Constitution. (He was accused of kidnapping, raping and robbing an 18yr old woman in 1963 - when an 18yr was deemed a child).  Keep in mind it was only 30 years earlier that the practice of "third degree" for a confession was ruled  a violation of the 14th amendment in"Brown v. Mississippi.


The lawsuit pursued overturning his conviction based on the fact Miranda wasn't told he had the right to a lawyer and had the right to remain silent.  While his conviction was overturned he was retried, without reference to his confession; he was found guilty in the second trial in 1967.  He was sentenced to 20 years imprisonment, paroled in 1975 and then killed in a bar fight in 1976.

Merriam-Webster defines Miranda Warning as

: a statement telling an arrested person about his or her Miranda rights (the legal rights to have an attorney and to refuse to answer questions)

“You have the right to remain silent. Anything you say can and will be used against you in a court of law. You have the right to an attorney. If you cannot afford an attorney, one will be provided for you. Do you understand the rights I have just read to you? With these rights in mind, do you wish to speak to me?”


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