Miranda Warning Miranda V. Arizona Miranda Rights

In 1963, Ernesto Miranda was arrested for robbery, kidnapping, and rape. He was interrogated by police and confessed. At trialA trial is, in the most general sense, a test, usually a test to see whether something does or does not meet a given standard. In law a trial is the presentation of information in a formal setting, usually a court, with the object of determining whether o, prosecutorIn countries adopting the common law adversarial system or the civil law inquisitorial system, the prosecutor is the chief legal representative of the prosecution. The prosecution is the legal party responsible for presenting the case against an individuas offered only his confession as evidence and he was convictedA conviction is when a person is found guilty of a crime by a court. The opposite verdict is an acquittal or (in Scotland only) a verdict of Not Proven''. The intention of the court and jury system is that only the guilty should be convicted and that the. The Supreme Court ruled ( Miranda v. Arizona 384 US 436 June 13June 13 is the 164th day of the year in the Gregorian calendar (165th in leap years), with 201 days remaining. Events 1625 King Charles I is married to the French princess Henrietta Maria de Bourbon 1777 American Revolutionary War: Marquis de Lafayette la, 1966) that Miranda was intimidated by the interrogation and that he understood neither his right not to incriminate himself nor his right to have counsel. On this basis, they overturned his conviction. Miranda was retried, and this time the prosecutors did not use the confession but rather made use of witnesses and other evidence. Miranda was convicted, and served 11 yearA year is the time between two recurrences of an event related to the orbit of the Earth around the Sun. By extension, this can be applied to any planet: for example, "Martian year". Seasonal year A seasonal year is the time between successive recurrencess.

2 Miranda rights

The Supreme Court did not specify the exact wording to be used when informing a suspect of his or her rights. However, they did set down a set of guidelines which must be followed. The ruling states:

As a result, the American English vocabulary has acquired a new verb, "to Mirandize" meaning to read to a suspect, held in custody, his or her Miranda rights.

3 Typical Miranda warning

Though every U.S. jurisdiction has its own regulations regarding what, precisely, must be said to a person when they are arrested, the typical warning is as follows:

'''You have the right to remain silent. If you give up that right, anything you say can and will be used against you in a court of law. You have the right to an attorney and to have an attorney present during questioning. If you cannot afford an attorney, one will be provided to you at no cost.'''

The courts have since ruled that the warning must be "meaningful", so it is usually required that the suspect be asked if he understands his rights. Sometimes, firm answers of "yes" are required—an arrestee's silence is not a waiver. Evidence has been ruled inadmissible because of an arrestee's poor knowledge of English and the failure of arresting officers to provide the warning in the arrestee's language. The right of a juvenile to remain silent without his or her parent or guardian present is also extended in some jurisdictions.

4 Confusion regarding the Miranda warning

Due to the prevalence of American TV police drama s in which the police characters are constantly reading a suspect his or her rights, it has become an expected element of arrest procedure. However, police are only required to warn an individual whom they intend to question. Arrests can occur without questioning and without the Miranda Warning. Furthermore, if public safety warrants such action, the police may ask questions prior to a reading of the Miranda Warning.

Although Miranda v. Arizona, as a US court ruling, has no force outside of the United States, some people outside the United States who have seen many American television programs expect to hear the Miranda warning when they are arrested. The British police use a differently worded warning, that leans toward the suspect's defence rather than their prosecution:

You do not have to say anything but it may harm your defence if you do not mention when questioned something that you later rely on in court. Anything you say may be given in evidence.

Many countries (particularly those that do not derive their legal systems from English common law) neither acknowledge nor allow a right to remain silent, or a right to legal counsel.

5 See also

criminal justice, civil rights, arrest

Criminal law Law enforcement in the United States

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1 Miranda v. Arizona