Through pop culture, TV and movies, most Americans know that in some cases the police are obligated to “read you your rights.” Most of us can recall at least the beginning of a typical Miranda warning as easily as recalling the pledge of allegiance. What...
In general, Miranda rights include two basic rights: the right to remain silent and the right to have an attorney present during interrogation. As with the right to an attorney, to gain the full protection of the right to silence, a suspect must unequivocally invoke...
The cases before us raise questions which go to the roots of our concepts of American criminal jurisprudence: the restraints society must observe consistent with the Federal Constitution in prosecuting individuals for crime. To outsiders of the legal profession, the...
Why Is It Called Miranda Rights?The term “Miranda Rights” comes from a historic 1966 U.S. Supreme Court case called Miranda v. Arizona. The court held that if the police want to question (interrogate) a person in police custody, they must tell them of the Fifth...
Any person who’s taken into police custody must be told that they have a Fifth Amendment right to not make self-incriminating statements and they have a right to an attorney. This rule is a result of the U.S. Supreme Court’s decision in Miranda v. Arizona,...
