Miranda, the icon human rights figure, was a rapist

Right, he is a "bad man." Since he was a teenager, he had committed numerous crimes such as jumping a restaurant bill, a theft and a robbery. He was not close to his family. His mother died early when he was young, and his father got married to another woman. He died of stab wounds suffered in a fight in a bar at 34. He would have never imagined that he would endure as an iconic figure in movies and courts. He was Ernesto Arturo Miranda, a Mexican American.

“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…” This is the Miranda rights, which police in many countries say to suspects, despite inconvenience, before an investigation. It has been 50 years since the U.S. Supreme Court established the Miranda rule, under which the statement that was made by a suspect who was not notified of such rights by interrogators cannot be used as evidence for conviction. Now, there are fewer coercive investigations, and investigations have become more challenging.

In March 1963, when the Arizona Supreme court ruled a 20 – 30 year sentence to Miranda for allegedly kidnapping and raping an 18-year-old girl. He was acquitted in the landmark ruling by the U.S. Supreme Court which set a big principle in the criminal lawsuit process. However, as his former girlfriend claimed that she heard his crime in person, a retrial was held in Arizona and Miranda was convicted. Justice prevailed. Instead, other evidence was used in the retrial excluding Miranda’s statements which the Supreme Court said cannot be used as evidence.

After being released on parole in 1972, Miranda signed a card with the Miranda rule at 1.50 dollars. Being the very person of the case caused the establishment of the Miranda warning or the Miranda rights made him a living. He might have shouted in delight when he was released for being innocent despite his heavy crime, while the Supreme Court set up a due process principle in arrests and investigations of suspects.

한기흥기자 eligius@donga.com