Miranda Rights
From lawbrain.com
Miranda Rights are the result of the 1966 Supreme Court case Miranda v. Arizona, in which the Supreme Court ruled when a person is taken into police custody, and before being questioned, they must be informed of their Fifth Amendment right against making self-incriminating statements.
Anyone in police custody must be told five things before being questioned[1]:
• You have the right to remain silent.
• If you do say anything, what you say can be used against you in a court of law.
• You have the right to consult with a lawyer and have that lawyer present during any questioning.
• If you cannot afford a lawyer, one will be appointed for you if you so desire.
• If you choose to talk to the police officer, you have the right to stop the interview at any time.
Background
In March 1963, police arrested 23-year-old Ernesto Miranda as a suspect in two crimes involving robbery and rape. Miranda had prior arrests for armed robbery and a juvenile record which included attempted rape, assault, and burglary. Both victims identified Miranda in police lineups. During questioning, Miranda confessed to both crimes, and signed a confession to the rape which included a statement that he had full knowledge of his rights and understood that the confession could be used against him.
The Supreme Court reversed Miranda's conviction and ruled that "an individual held for interrogation must be clearly informed that he has the right to consult with a lawyer and have the lawyer with him during interrogation...[that he has] the right to remain silent and that anything stated can be used in evidence against him...that if he is indigent a lawyer will be appointed to represent him."
Miranda was paroled in 1972. He was killed in January 1976, in a bar fight. The suspected killer exercised his Miranda right to remain silent and was released.
References
Further Readings
- Miranda Rights: Invoking My Right to Remain Silent - Law ...
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- Jared Loughner Silently Invokes Miranda Rights - Crime in the ...
- Accused Arizona gunman Jared Loughner has invoked his Miranda Rights, including his right to remain silent since his... - Crime in the News [?]
- FindLaw Blotter: February 2011 Archives
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- Do you understand these rights as they have been read to you? Thanks to television and movies, nearly everyone is familiar with the Miranda rights. ... [?]
- FindLaw Blotter: Supreme Court Rulings Archives
- Miranda rights and Miranda v. Arizona are a well known part of the criminal process, ... As an essential safeguard of constitutional rights, they've also spent a lot of time in ... [?]
- Should Congress Loosen the Miranda Rule? - Legislation ...
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- Murder Conviction of Defendant With IQ of 60 Upheld, Plus ...
- US v. Skoien, 08-3770, concerned a challenge to a conviction of defendant for possessing ... Court never held that police can render a waiver of Miranda rights involuntarily ... [?]
- New at FindLaw: Tucson Shooting and Cross-gender Searches ...
- Jared Loughner Silently Invokes Miranda Rights: FindLaw's Blotter discusses one ... Blotter addresses the well known but sometimes misunderstood Miranda Rights. ... [?]
- Supreme Court Upholds Florida Miranda Warnings - Criminal Law ...
- The Miranda warnings arouse out of a 1966 case, Miranda v. Arizona, ... You have the right to use any of these rights at any time you want during this interview. ... [?]
See also
Supreme Court of the United States
Contributors
FindLaw Communities, FindLaw Nira, FindLaw Sarah, FindLaw dave
