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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
- Supreme Court: Miranda Warnings Only Apply When Invoked ...
- 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. ... [?]
- Should Congress Loosen the Miranda Rule? - Legislation ...
- The Obama administration is considering a more flexible Miranda rule when it comes to handling terrorism suspects. The proposal, supported... - Legislation & Policymaking [?]
- 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. ... [?]
- U.S. Sixth Circuit: Civil Rights Law Archives
- Recently in Civil Rights Law Category. Appeal in Arab-American and ... immediately advised defendant of his Miranda rights and defendant does not argue that his ... [?]
- 14 Days: Supreme Court Sets Miranda Deadline - Criminal Law ...
- There are many nuances to the Miranda rules and one of them was addressed by the Supreme Court yesterday. ... Court Says Miranda Rights Don't Bar Requestioning (New York Times) ... [?]
- Kentucky Courthouse Display of Ten Commandments Rejected ...
- In US v. Hinojosa, No. 08-1393, the Sixth Circuit faced a challenge to a conviction of defendant for... - Civil Rights Law [?]
- Top 10 Scary Legal Myths - Family Law - Law and Daily Life
- MYTH: If the police don't read a person their Miranda rights when arresting them, they can't be convicted of the crime. FACT: We all know that ... [?]
- CourtSide: Civil Rights Archives
- Recently in Civil Rights Category. Andrew Giuliani's Golf Lawsuit ... lamented the fact that authorities gave Miranda warnings to accused Northwest Flight 253 ... [?]
- Bell v. Norris, No. 07-3432 - Criminal Law - U.S. Eighth Circuit
- In a murder prosecution, the denial of petitioner's habeas petition is affirmed where the ... whether the minor made a knowing and intelligent waiver of his Miranda rights. ... [?]
- Sexual Assault Conviction and Sentence Affirmed - Criminal ...
- In US v. Smith, No. 09-2040, the court of appeals affirmed defendant's conviction and sentence for sexual assault,... - Criminal Law [?]
See also
Supreme Court of the United States
Contributors
FindLaw Communities, FindLaw Nira, FindLaw Sarah, FindLaw dave
