You have the Right

 Miranda warning or Miranda rule is a right to silence warning given by police in the United States to criminal suspects in police custody (or in a custodial interrogation) before they are interrogated to preserve the admissibility of their statements against them in criminal proceedings. The rule or right is to protect the individual who is in custody with the law.

What happened to Miranda?

The perception of "Miranda rights" was preserved in U.S. law following the 1966 Miranda v. Arizona Supreme Court decision, which found that the Fifth and Sixth Amendment rights of Ernesto Arturo Miranda had been violated during his arrest and trial for armed robbery, kidnapping, and rape of a mentally handicapped young woman. (Miranda was subsequently retried and convicted.) Miranda was given a lack of freedom to an extent following the arrest and he was explicitly interrogated with questions. Because he was mistreated, all of this all led to a negative response from Miranda.

Must Follow

The Supreme Court did not specify the exact wording to use when informing a suspect of his/her rights. However, the Court did create a set of guidelines that must be followed. The ruling states:

The person in custody must, prior to interrogation, be clearly informed that he/she has the right to remain silent, and that anything the person says will be used against that person in court; the person must be clearly informed that he/she has the right to consult with an attorney and to have that attorney present during questioning, and that, if he/she is indigent, an attorney will be provided at no cost to represent him/her.

 

Notably, the Miranda rights do not have to be read in any particular order, and they do not have to precisely match the language of the Miranda case as long as they are adequately and fully conveyed. California v. Prysock, 453 U.S. 355 (1981).

Views: 18

Comment

You need to be a member of African American Scholars of the Spanish Language and Culture to add comments!

Join African American Scholars of the Spanish Language and Culture

© 2022   Created by Dr. Jesse J. Hargrove.   Powered by

Report an Issue  |  Terms of Service