Miranda warning

related topics
{law, state, case}
{language, word, form}
{black, white, people}
{theory, work, human}
{disease, patient, cell}
{school, student, university}
{city, large, area}
{system, computer, user}

The Miranda warning (also referred to as Miranda rights) is a warning that is required to be given by police in the United States to criminal suspects in police custody (or in a custodial interrogation) before they are interrogated to inform them about their constitutional rights. In Miranda v. Arizona, the Supreme Court of the United States held that an elicited incriminating statement by a suspect will not constitute admissible evidence unless the suspect was informed of the right to decline to make self-incriminatory statements and the right to legal counsel (hence the so-called "Miranda rights"), and makes a knowing, intelligent and voluntary waiver of those rights.[Note 1] The Miranda warning is not a condition of detention, but rather a safeguard against self-incrimination; as a result, if law enforcement officials decline to offer a Miranda warning to an individual in their custody, they may still interrogate that person and act upon the knowledge gained, but may not use that person's statements to incriminate him or her in a criminal trial.

As of a June 1, 2010, U.S. Supreme Court decision (Berghuis v. Thompkins), suspects still have the 5th Amendment right to remain silent, and the 6th Amendment right to the assistance of counsel; however, if a suspect waives these rights and interrogation begins, the right to halt further questioning by the police must be exercised explicitly, by invoking the 5th and/or 6th Amendment rights.

Contents

Full article ▸

related documents
Common law
Unlawful combatant
Judge
Torture
Sharia
Due process
First Amendment to the United States Constitution
Life imprisonment
Dormant Commerce Clause
Fourth Amendment to the United States Constitution
Jury
Jury trial
Habeas corpus
Tort
Stare decisis
Article One of the United States Constitution
Conscientious objector
Notary public
Second Amendment to the United States Constitution
Chapter 7, Title 11, United States Code
Hugo Black
Burden of proof
Polygraph
Mediation
Passport
Chinese law
Blasphemy
Supreme Court of the United States
Prohibition (drugs)
Canadian Charter of Rights and Freedoms