Miranda v. Arizona - Miranda Rights

suspect court silent remain

In Miranda v. Arizona the Court established unequivocal protections that the accused was entitled to during interrogation "while in custody at the station or otherwise deprived of his freedom of action in any significant way."

Miranda established that the accused must be informed that he or she has the right to remain silent and that if the suspect chooses not to remain silent that anything said can be used against the suspect in court. Before being interrogated the suspect must also be informed of the right to consult with an attorney, and to have legal counsel present during interrogation.

Additionally, the Miranda rule also requires that if the suspect is indigent that he or she be informed that the court will provide counsel. If the suspect decides to remain silent, then the interrogation must end. Any statements obtained in violation of the suspects' Miranda rights are inadmissible as evidence in court. If the suspect decides to speak without consulting with an attorney then the prosecutor must prove that the suspect willingly waived Miranda rights.

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User Comments

almost 2 years ago

The Miranda decision was hailed by some law enforcement officials as the end of the world. Civil rights advocates, criminal attorneys and Litigation attorneys saw it as a Godsend.

But starting around 1968 SCOTUS started chipping away at Miranda at the public grew most unhappy with the findings of the courts. They elected to vote in a more conservative president who appointed more judges who tended to lean away from their more liberal brothers and sisters.

Over the years, SCOTUS has ruled that there are exception to Miranda, and reading a suspect his Miranda rights is so common place that it goes in one ear and out the other of a suspect who is in custody.

In addition, Miranda ended being more detrimental to the suspect law breaker. Law enforcement was forced to develop better evidence collecting skills and procedures.

Please address all comments to my E-mail address. Oh yea, and BTW, I am very pro-death penalty.

Jigsaw