Who Was "Miranda" of the Miranda Warning?

The arrest of Dzhokhar Tsarnaev has revived the debate about whether suspected terrorists should be read their Miranda rights. Here's a look back at Miranda v. Arizona.

Even if you’ve never had your own brush with the law, you no doubt know the Miranda warning. Somehow, maybe through the mass quantity of Law and Order and CSI-type shows, those words have seeped into our brains:

“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 speak to an attorney, and to have an attorney present during any questioning. If you cannot afford a lawyer, one will be provided for you at government expense.”

Those words are the result of the Miranda v. Arizona Supreme Court trial of 1966. Three years before, an 18-year-old Phoenix woman reported to police that she was kidnapped, taken to the desert and raped. The woman was able to provide details about the car her kidnapper drove; those details took police to Ernesto Miranda. Though the woman couldn’t identify him in a lineup, police took him into custody and performed an interrogation anyway. The grilling resulted in a Miranda-signed confession.

Miranda later said he was forced into confessing because he was never made aware of his constitutional right to say nothing. His case wound up in front of the Supreme Court in 1966; they ruled that nothing Miranda "confessed" to could be used to try him because he was improperly educated on his rights. Almost immediately following the trial, the Miranda warning became a mandatory part of arrests.

That decision wasn’t popular with everyone. Even President Nixon was a vocal denouncer of rights-reading - he felt informing criminals of their rights would make police less effective and predicted that crime would skyrocket.

And what became of Miranda? The case was retried without the confession in 1967, but it turned out the jury didn’t need one to convict. Miranda was sentenced to up to 20 years in prison but got out in 1972. For a while, he made a living signing Miranda cards (small cards with the required saying printed on them) and selling them for $1.50. He had been out of prison for less than four years when he was killed in a bar fight in Phoenix in 1976 at the age of 36.

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Big Questions
What’s the Difference Between Prison and Jail?
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Many people use the terms jail and prison interchangeably, and while both terms refer to areas where people are held, there's a substantial difference between the two methods of incarceration. Where a person who is accused of a crime is held, and for how long, is a factor in determining the difference between the two—and whether a person is held in a jail or a prison is largely determined by the severity of the crime they have committed.

A jail (or, for our British friends, a gaol) refers to a small, temporary holding facility—run by local governments and supervised by county sheriff departments—that is designed to detain recently arrested people who have committed a minor offense or misdemeanor. A person can also be held in jail for an extended period of time if the sentence for their offense is less than a year. There are currently 3163 local jail facilities in the United States.

A jail is different from the similarly temporary “lockup”—sort of like “pre-jail”—which is located in local police departments and holds offenders unable to post bail, people arrested for public drunkenness who are kept until they are sober, or, most importantly, offenders waiting to be processed into the jail system.

A prison, on the other hand, is usually a large state- or federal-run facility meant to house people convicted of a serious crime or felony, and whose sentences for those crimes surpass 365 days. A prison could also be called a “penitentiary,” among other names.

To be put in a state prison, a person must be convicted of breaking a state law. To be put in a federal prison, a person must be convicted of breaking federal law. Basic amenities in a prison are more extensive than in a jail because, obviously, an inmate is likely to spend more than a year of his or her life confined inside a prison. As of 2012, there were 4575 operating prisons in the U.S.—the most in the world. The country with the second highest number of operating prisons is Russia, which has just 1029 facilities.

Have you got a Big Question you'd like us to answer? If so, let us know by emailing us at bigquestions@mentalfloss.com.

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What Do Morticians Do With the Blood They Take Out of Dead Bodies?
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Zoe-Anne Barcellos:

The blood goes down the sink drain, into the sewer system.

I am not a mortician, but I work for a medical examiner/coroner. During an autopsy, most blood is drained from the decedent. This is not on purpose, but a result of gravity. Later a mortician may or may not embalm, depending on the wishes of the family.

Autopsies are done on a table that has a drain at one end; this drain is placed over a sink—a regular sink, with a garbage disposal in it. The blood and bodily fluids just drain down the table, into the sink, and down the drain. This goes into the sewer, like every other sink and toilet, and (usually) goes to a water treatment plant.

You may be thinking that this is biohazardous waste and needs to be treated differently. [If] we can’t put oil, or chemicals (like formalin) down the drains due to regulations, why is blood not treated similarly? I would assume because it is effectively handled by the water treatment plants. If it wasn’t, I am sure the regulations would be changed.

Now any items that are soiled with blood—those cannot be thrown away in the regular trash. Most clothing worn by the decedent is either retained for evidence or released with the decedent to the funeral home—even if they were bloody.

But any gauze, medical tubing, papers, etc. that have blood or bodily fluids on them must be thrown away into a biohazardous trash. These are lined with bright red trash liners, and these are placed in a specially marked box and taped closed. These boxes are stacked up in the garage until they are picked up by a specialty garbage company. I am not sure, but I am pretty sure they are incinerated.

Additionally anything sharp or pointy—like needles, scalpels, etc.—must go into a rigid “sharps” container. When they are 2/3 full we just toss these into one of the biotrash containers.

The biotrash is treated differently, as, if it went to a landfill, then the blood (and therefore the bloodborne pathogens like Hepatitis and HIV) could be exposed to people or animals. Rain could wash it into untreated water systems.

This post originally appeared on Quora. Click here to view.

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