Statements made by police informing a suspect when taken in custody about the rights given in the constitution which is possessed by him or her previous to being questioned such as :
Such statements are called “Miranda Rights”.
Miranda rights came to be called so or emerged with the case of Ernesto Arturo Miranda :
Miranda v. Arizona
Ernesto Arturo Miranda was arrested for stealing a specific amount of money from a worker of an Arizona Bank and on being questioned, he gave his confession on robbery, kidnapping, and rape. He was unaware of the right to be silent or consult a lawyer and instead confessed everything straight away. Finding him guilty, he was convicted and was appealed to the United States Supreme Court. The Justices ruled that statements made by him could be used as evidence against himself as he was not aware of his Constitutional rights.
After the above decision, it is a requirement to inform the suspect about Miranda warning by police before the suspects are questioned. Though no new rights emerged from this case, it led to the further protection of Fifth and Sixth Amendment rights
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 speak to an attorney, and to have an attorney present during any questioning. If you cannot afford a lawyer, one will be provided for you at government expense.”
These four points need to be properly communicated to the suspects.
Right to remain silent –Here, silence is not to be used against the defendant in the court of law. ‘Pre-Miranda’ silence is when suspects remain silent even when they are unaware of their ‘Miranda Rights’.
Anything said could be used against that person in court- Suspects can remain silent but if they choose to speak then that would be used against them in the court of law.
Right to have an attorney present –The suspect has the right to have an attorney present along with him during questioning or when he or she is being interrogated.
Attorney will be appointed if the suspect is not able to afford him-In case the suspect requests for an attorney but not able to afford an attorney while being questioned then an attorney is appointed if required.
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