The origin of Miranda warning

Miranda is known about as the right to silence. You can hear about it from many movies. When someone is under arrest, police said "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 one, one will be appointed to you by the court". Miranda warning originated from famous case law. Miranda is a name of the accused that is under arrest in a rape. Police did not catch the wrong person but a bigger problem raised by the lawyer of the accused. The lawyer of Miranda refused the decision of police in the case because Miranda did not know about his right and police did not tell him about that. The Supreme Court received the case. The judge decided that the lawyer of Miranda won. This mean police must return to the beginning of the case.

Miranda is a warning to tell the accused about the right of him/her. It includes two basic rights:

• Silent right:
  • No one is forced to provide testimony against himself/herself.
  • No one is judged if the only proof is his/her testimony.
  • A testimony because of torture isn't valuable.
• The right to have a lawyer in an interrogation even if you are poor.

Nhat Linh case

Apply it to the case of Nhat Linh: https://www.japantimes.co.jp/tag/le-thi-nhat-linh/. A 9-year-old Vietnamese girl is killed. Police arrested the accused but the procedure to judge seems stuck because of the accused, 46-year-old Shibuya keeps using his silent right. Although, the silent right is very powerful to protect from the mistake of police in an investigation. To claim a judgment in a court, police must give other proofs according to Miranda warning: No one is judged if the only proof is just his/her testimony. Therefore, Japanese police are working effectively to sent murder to the judgment day.