Miranda Rights, also known as the Miranda Warning or Miranda Rule, are a set of rights that must be explained to individuals upon arrest or custodial interrogation by law enforcement officers. These rights stem from the landmark U.S. Supreme Court case Miranda v. Arizona (1966), which established constitutional protections for suspects in police custody.
The Miranda Rights typically include the following elements:
- Suspects have the right to remain silent when questioned by law enforcement officers. If they do choose to speak, anything they say can be used against them in court, which means they have the right to avoid self-incrimination by remaining silent.
- The right to an attorney: Suspects have the right to have an attorney present during police interrogation. If they cannot afford an attorney, one will be appointed to them at no cost.
- The warning that anything said can be used against them in court: Suspects must be informed that any statements they make during the interrogation can be used as evidence against them in a court of law.
- The right to stop the questioning at any time: Suspects have the right to stop the interrogation at any point by invoking their right to remain silent or requesting an attorney.
The purpose of Miranda Rights is to protect individuals’ Fifth Amendment right against self-incrimination and Sixth Amendment right to counsel. The Supreme Court’s decision in Miranda v. Arizona was intended to safeguard these fundamental rights by ensuring that suspects are aware of their rights and can make informed decisions during police questioning.
Failure to provide Miranda Rights can result in the exclusion of any statements made by the suspect during custodial interrogation from being used as evidence in court. However, Miranda Rights apply only to custodial interrogations, meaning situations where a person is in police custody and being subjected to questioning that is likely to elicit incriminating responses. They do not apply to routine questioning or voluntary statements made by individuals not in custody.
Overall, Miranda Rights play a crucial role in safeguarding the rights of individuals accused of crimes and ensuring that police conduct interrogations in a manner consistent with constitutional principles of due process and fairness.
Krystin Collins
Attorney at Law
krystin@krystincollins.com
713-775-0332
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