Holiday Special, Uncategorized

The Miranda Warning: More Than Words 50th Anniversary Law Day Commemoration

“You have a right to remain silent….”.  These words have become so well-known in our culture today that most Americans can recite them by heart.

WF gavel and cuffs

Despite the familiarity of the words, many people are not aware that this year marks the 50th anniversary of the 1966 landmark decision Miranda v. Arizona decision, in which the U.S. Supreme Court overturned the conviction of Ernesto Miranda on kidnapping and rape charges of a 17 year old girl because he was not informed of his rights during his arrest, making his written and signed confession null and void.  In this landmark decision, the court set forth specific guidelines which law enforcement officers must follow when interrogating suspects during a criminal investigation. The court essentially ruled that in order for statements made by a suspect during custodial interrogation to be admissible at trial, police must have advised the suspect before the interrogation began their constitutional rights which guarantee that no citizen can be compelled by the government to incriminate himself/herself, and that a citizen in a criminal proceeding is entitled to the effective assistance of counsel.

Although the court did not mandate specific language for implementation, district attorneys in California penned the first draft of rights during the summer of 1966 which ultimately resulted in the creation of the  familiar cadence of the Miranda Warning which is now recited to suspects by law enforcement officials.  The effect was amplified when television producer and actor Jack Webb decided to fold the Miranda rule into the 1967 revival of the television series Dragnet.  This  practice quickly spilled over into other popular television police dramas in the years the followed.

Each year May 1st is Law Day, the date designated by Congress in 1958 for Americans to celebrate the many benefits we derive from living in a society governed by the rule of law. In celebration of Law Day 2016, the Middlesex County Bar Association joined in the national commemoration of the golden jubilee of the Miranda decision in its annual law day program which recognizes and awards high school students in Middlesex County who exhibit the qualities and characteristics of good citizens and are active in civic engagement.

The ceremony was held on May 5th at the Middlesex County Superior Court in Woburn and welcomed distinguished guests Middlesex County District Attorney Marian T. Riley,  Middlesex County Sherriff Peter J. Koutoujian, and Middlesex County Bar President Damien Gilletti.  In total,13 high school students were recognized for their commitment to community service, excellence in achievement, and civic involvement.  In addition to citizenship award presentations, several scholarships including the Honorable Francis P. Cullen Memorial Scholarship and the Karen Lombard Memorial Scholarship were awarded as well.

Our liberty, fundamental freedoms, and privileges we enjoy as Americans are firmly rooted in the Constitution and our commitment to good governance under the rule of law. The Middlesex County Bar Association strongly encourages all citizens to familiarize themselves with the form and structure of our governmental institutions, and take advantage of the many ways in which they can exercise their freedoms to ensure that those governmental institutions operate most effectively for our collective benefit.

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