What are the Miranda rights?

In 1966, the United States Supreme Court issued a ruling in a case that dramatically changed criminal procedure. Whenever a person is “in custody” and being subjected to interrogation, law enforcement is required to inform them of certain rights. Those rights that must be explained to a suspect are: The right to remain silent; that anything they say can and will be used against them in court; they have the right to an attorney before and during any questioning and if the suspect cannot afford an attorney, one will be appointed free of charge. If the Miranda rights were required to be given, but weren’t, any statement obtained by law enforcement should be excluded from evidence by the judge.

13 Trackbacks

  1. […] the police do not have to read someone their rights the second they’re arrested.  The Miranda rights (”You have the right to remain silent”, etc.) are only required to be given when a […]

  2. […] I wrote in another post, the Miranda rights are important Constitutional rights that must be given to you before any custodial police […]

  3. […] you give a statement to the police, even those statements are subject to challenge.  Miranda rights violations may render your statement inadmissible against […]

  4. […] a detention, they police are not required to give you your Miranda rights.  You still have a right against self-incrimination under the Fifth Amendment at any time.  That […]

  5. […] any statements can be introduced at trial.  In the case of a statement by the defendant, were the Miranda rights given?  Were they given properly?  Should the statement have been excluded, but it was admitted […]

  6. […] Miranda rights is a different issue.  They must advise a person of their rights when they’re “in […]

  7. […] Miranda rights is a different issue.  They must advise a person of their rights when they’re “in […]

  8. Miranda rights and intoxication - January 18, 2011 at 9:00 pm

    […] to give them in any investigation, in traffic stops and in DUI investigations.  I’ve written here, here and here about the Miranda […]

  9. […] the police do not have to read someone their rights the second they’re arrested.  The Miranda rights (“You have the right to remain silent”, etc.) are only required to be given when a […]

  10. […] about the Miranda rights can be found here, here and […]

  11. […] any statements can be introduced at trial. In the case of a statement by the defendant, were the Miranda rights given? Were they given properly? Should the statement have been excluded, but it was admitted in […]

  12. You Have the Right to Remain Silent - February 24, 2011 at 4:54 pm

    […] movies, the police do not have to read someone their rights the second they’re arrested. The Miranda rights (“You have the right to remain silent”, etc.) are only required to be given when a […]

  13. […] a detention, they police are not required to give you your Miranda rights. You still have a right against self-incrimination under the Fifth Amendment at any time. That […]

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