Miranda v. Arizona

"You have the right to remain silent"

Summary

Taking place in 1966, the Miranda v. Arizona case established the well-known Miranda warnings or rights. The Miranda rights are a right to silence given by police to criminal suspects in custody before they are interrogated. The case involved Ernesto Miranda who was arrested in Arizona for kidnapping and raping a young woman. He was identified by the victim and after being interrogated for two hours, Miranda signed a confession and was later convicted. On appeal, the U.S. supreme court ruled that Miranda's conviction was unconstitutional because, "the entire aura and atmosphere of police interrogation without notification of rights and an offer of assistance of counsel subjugate the individual to the will of his examiner."

Miranda Rights

1. You have the right to remain silent

2. Anything you say can be used against in a Court of law

3. You have the right to an attorney

4. If you cannot afford an attorney, one will be appointed for you

Exceptions

1) Waiver of Miranda rights- the suspect in custody may legally waive their Miranda rights through a voluntary "knowing and intelligent" waiver


2) Inevitable discovery exception- illegally/inappropriately gathered evidence can be used in a court of law if it would have invariably turned up in the normal course of events


3) Public safety exception- considerations of public safety were overriding and negated the needs for rights advisement before limited questioning that focused on the need to prevent further harm

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