It is Your Right to Remain Silent!

Celebrate Law Day in Franklin County at GCC
Law Day 2016 Explores the Right to Remain Silent

On May 1 the United States officially recognizes Law Day. It is meant to reflect on the role of law in the foundation of the country and to recognize its importance for society. Before President Dwight D. Eisenhower declared May 1 to be Law Day, U.S.A., the first day of May was known in some parts of the world as May Day: a day to remember the struggles of workers in their fight for better wages and working conditions. Celebrate on May 4th in Greenfield!

Why do the police “read citizens their rights” when arresting them? The practice of informing citizens of their right to remain silent stems from a U.S. Supreme court decision, the case Miranda vs. Arizona, in 1966. This court decision is in accordance with the idea that your rights are of no use to you if you don’t know what they are. Once informed of your right to remain silent, if you willingly choose to speak, you are waiving this right by choice. In doing so, you consent to the fact that your words may be used against you in court.

In the case of Ernesto Mirando’s arrest and interrogation, he provided a written confession without being informed of his right to counsel or the fact that the confession would be used against him in court. When prosecutors tried to use the confession in court, the defense argued that his confession was not truly “voluntary.” Miranda’s case was overturned and today, the recitation of rights which most of us are familiar with from the media, is known as a “Miranda warning.”

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