TheMiranda warning is actually rights granted in the Constitution.Although popularly known as the Miranda rights or Miranda warning(ordered by the U.S. Supreme Court in Miranda v. Arizona). Your rights consist of the familiar phrases invoked by TV police immediately upon arresting a suspect:
- 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 an attorney, (and have that attorney present during any questioning);
- If you cannot afford an attorney, one will be appointed for you, (if you so desire);
- (If you choose to talk to the police, you have the right to stop the interview at any time)
Afterlooking at the common saying, you may notice that the wording is alittle different, and additional information is listed above. Thesections in parentheticals are generally omitted.
When the Miranda Warning Is Required
Ifa person is in custody (deprived of his or her freedom of action in anysignificant way), the police must give a Miranda warning if they wantto question the suspect and be able to use the suspect's answers asevidence at trial. If a person hasn't been arrested, the police mayquestion the person and use the answers in court without firstproviding the familiar Miranda warning.
Wed, January 20, 2010
by Grant Smith filed under