Miranda Rights

What is the Miranda rights?

The Miranda Rights, also known as the Miranda Warning, are a set of constitutional rights that must be read to a suspect in the United States who is in police custody before they are interrogated. These rights stem from the 1966 Supreme Court case Miranda v. Arizona, which established that suspects must be informed of their rights to ensure their Fifth Amendment protection against self-incrimination and Sixth Amendment right to counsel.

The Standard Miranda Warning

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 an attorney, one will be provided for you.

How Miranda Rights Are Used

Custody: Miranda Rights are required to be read when a person is taken into custody by law enforcement officers and is not free to leave.

Interrogation: Before any questioning or interrogation begins, the suspect must be informed of their Miranda Rights.

Understanding: The suspect must acknowledge that they understand these rights. This can be done verbally or by signing a waiver form.

Waiving Rights: The suspect can voluntarily waive their Miranda Rights and agree to speak with law enforcement. However, this waiver must be made knowingly and voluntarily.

At any point, the suspect can invoke their right to remain silent or request an attorney, at which point all questioning must cease until an attorney is present.

Purpose of the Miranda Warning

Protecting the Suspect: Ensures suspects are aware of their rights and that any statements they make are given voluntarily, without coercion.

Legal Admissibility: Statements made by a suspect who has not been informed of their Miranda Rights may be inadmissible in court.