Miranda Rights Definition

Rights of a Suspect: Miranda Rights Origin

The Miranda warning, which can also be referred to as the Miranda rights, is a right to silence warning given by police in the United States to criminal suspects in police custody (or in a custodial interrogation) before they are interrogated to preserve the admissibility of their statements against them in criminal proceedings.
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The Miranda warning is part of a preventive criminal procedure rule that law enforcement are required to administer to protect an individual who is in custody and subject to direct questioning.

List of miranda rights

Before any interrogation begins, the police must advise the suspect that:

  • they have the right to remain silent;
  • anything the suspect does say can and may be used against them in a court of law;
  • they have the right to have an attorney present before and during the questioning; and
  • they have the right, if they cannot afford the services of an attorney, to have one appointed, at public expense and without cost to them, to represent them before and during the questioning.
The right to counsel include the right to talk to a lawyer before deciding whether to talk to police. If the defendant decides to talk to the police, the right to consult with a lawyer before being interrogated. Defendant also has the right to answer police only through an attorney.

Exceptions to the Miranda rule are: the routine booking question exception; the jail house informant exception and the public safety exception.

What if the Police Fail to Advise Me of My Miranda Rights?

When police officers question a suspect in custody without first giving the Miranda warning, any statement or confession made is presumed to be involuntary, and cannot be used against the suspect in any criminal case. Any evidence discovered as a result of that statement or confession will likely also be thrown out of the case.

History of Miranda rights

Miranda was arrested for the armed robbery of a bank worker.
While in custody of police, Miranda - who had a record for armed robbery, attempted rape, assault and burglary - signed a written confession to the armed robbery. He also confessed to kidnapping and raping an 18-year-old girl 11 days prior to the robbery.

Miranda was convicted of the armed robbery, but his attorneys appealed the case on the grounds that Miranda did not understand that he had the right against self-incrimination. Supreme Court made its landmark Miranda ruling in 1966, Ernesto Miranda's conviction was overturned.

Prosecutors later retried the case, using evidence other than his confession, and he was convicted again. Miranda served 11 years in prison and was paroled in 1972.

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July 30, 2018 at 5:06 AM delete

Thought you could only be tried once for a criminal offense...??