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Miranda was then questioned for two hours without a lawyer. At one point, the detectives brought the victim into the room. One of them asked Miranda if this was the person he had raped. Miranda looked at her and said, “That’s the girl.”
Miranda eventually offered details of the crimes that closely matched the victim’s account. He agreed to formalize his confession in a written statement, which he wrote out under the words, “this confession was made with full knowledge of my legal rights, understanding any statement I make may be used against me.”
His confession was used as sole evidence when he was tried and convicted for the crimes by an Arizona court. Miranda’s lawyer, Alvin Moore, appealed to the Arizona Supreme Court six months later, posing the questions:
“Was [Miranda’s] statement made voluntarily?” and “Was [he] afforded all the safeguards to his rights provided by the Constitution of the United States and the law and rules of the courts?”
The Arizona Supreme Court ruled in April 1965 that Miranda’s confession was legitimate and that he had been aware of his rights.
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In dit soort uitzonderlijke gevallen kun je soms niet weten waarom iemand zoiets gruwelijks doet, zegt Van der Kemp. "Het is überhaupt een hele klus om dit te doen, als je erover nadenkt. Hij is er welbewust mee bezig geweest, het is niet zo snel gedaan. En het is nogal heftig om dit te doen, zeker bij een ex-geliefde. Bij seriemoordenaars hebben we wel eens gezien dat ze iemand in stukken hakten, maar bij bekenden onderling gebeurt dit heel weinig."
Ook criminoloog Marieke Liem zegt dat de gruwelijkheid van deze zaak uitzonderlijk is in Nederland. "Het is dan ook voor een buitenstaander moeilijk te begrijpen."
A recent Supreme Court case, Vega v. Tekoh, involved Miranda rights. The court decided they are not a constitutional right, but instead a “prophylactic rule” and that a violation occurs not when police take a statement without reading the warning, but only if a prosecutor introduces a statement made without a warning and the judge admits it. The case also held that a police officer cannot be held personally liable to a criminal defendant for failing to read a Miranda warning.
Law enforcement officials must give you a Miranda warning prior to questioning you if you are in police custody. Police must inform you of your right to remain silent, of the fact anything you say can be used against you, of your right to an attorney and of your right to have a lawyer provided for you if you can’t afford one. While there’s no specific language police must use, you have to be told of these rights before you can be interrogated in situations where you are not free to leave.
Miranda rights provide arrested individuals with the legal right to refuse to answer questions during an interrogation and to have an attorney present. They originated from the Supreme Court’s decision in Miranda v. Arizona and are an important tool for avoiding forced confessions and assuring due process in criminal proceedings.