Kwaku Manu was arrested by the Police after evidence linked him to the kidnapping and Car snatching at Asokwa two days before. Kwaku was beaten mercilessly and interrogated for four hours by the Police, after which he signed a confession which read:
“I Kwaku Manu do hereby swear that I make this statement voluntarily and of my own free will, with no threats, coercion, or promises of immunity, and with full knowledge of my legal rights, understanding any statement I make may be used against me.”
This man had only Primary school education, and a history of mental instability. The interrogation was conducted with no attorney present, and no one to interpret the legal terms of the statement he signed. Nobody told Kwaku that he had a right to an attorney, that he had a right to remain silent, or that anything he said during questioning could be used against him at trial.
In our case above even though Kwaku Manu was guilty of the crimes, he could be favored in Court, and the reason behind this is because the police had not informed him that he had a right to an attorney, or that he had a right not to make statements that would incriminate himself, thus violating his constitutional rights.
Definition
Miranda right is a set of instructions that are required to be given to a person taken into custody on suspicion of having committed a criminal act, before he can be questioned by police.