As anyone who watches television police shows knows, people who have been
arrested have a right to remain silent and a right to an attorney; the Miranda
Rights warnings are meant to make sure that they know about those rights. Were
your Miranda rights violated?" In many cases, that's a question only the courts
can answer.
The exact wording of the "Miranda Rights" statement is not specified in the
Supreme Court's historic decision. Instead, law enforcement agencies have
created a basic set of simple statements that can be read to accused persons
prior to any questioning.
Here are paraphrased examples of the basic "Miranda Rights" statements, along
with related excerpts from the Supreme Court's decision.
You have the right to remain silent.
The Court: "At the outset, if a person in custody is to be subjected to
interrogation, he must first be informed in clear and unequivocal terms that he
has the right to remain silent."
Anything you say can be used against you in a court of law.
The Court: "The warning of the right to remain silent must be accompanied by
the explanation that anything said can and will be used against the individual
in court."
You have the right to have an attorney present now and during any future
questioning.
The Court: " the right to have counsel present at the interrogation is
indispensable to the protection of the Fifth Amendment privilege under the
system we delineate today. [Accordingly] we hold that an individual held for
interrogation must be clearly informed that he has the right to consult with a
lawyer and to have the lawyer with him during interrogation under the system
for protecting the privilege we delineate today."
If you cannot afford an attorney, one will be appointed to you free of
charge if you wish.
The Court: "In order fully to apprise a person interrogated of the extent of
his rights under this system then, it is necessary to warn him not only that he
has the right to consult with an attorney, but also that if he is indigent a
lawyer will be appointed to represent him. Without this additional warning, the
admonition of the right to consult with counsel would often be understood as
meaning only that he can consult with a lawyer if he has one or has the funds
to obtain one. The Court continues by declaring what the police must do if the
person being interrogated indicates that he or she does want a lawyer.
"If the individual states that he wants an attorney, the interrogation must
cease until an attorney is present. At that time, the individual must have an
opportunity to confer with the attorney and to have him present during any
subsequent questioning. If the individual cannot obtain an attorney and he
indicates that he wants one before speaking to police, they must respect his
decision to remain silent."
Q & A's concerning Miranda rights warnings and law enforcement procedures
Q. At what point are police required to inform a suspect of
their Miranda rights?
A. After a person has officially been taken into custody
(detained by police), but before any interrogation takes place, police must
inform them of their right to remain silent and to have an attorney present
during questioning. A person is considered to be "in custody" anytime they are
placed in an environment in which they do not believe they are free to leave.
Q. Can police question a person without reading them their
Miranda rights?
A. Yes. The Miranda warnings must be read only before
questioning a person who has been taken into custody.
Q. Can police arrest or detain a person without reading them
their Miranda rights?
A. Yes, but until the person has been informed of his or her
Miranda rights, any statements made by them during interrogation may be ruled
inadmissible in court.
Q. Does Miranda apply to all incriminating statements made to
police?
A. No. Miranda does not apply to statements a person makes
before they are arrested. Similarly, Miranda does not apply to statements made
"spontaneously," or to statements made after the Miranda warnings have been
given.
Q. If you first say you don't want a lawyer, can you still
demand one during questioning?
A. Yes. A person being questioned by the police can terminate
the interrogation at any time by asking for an attorney and stating that he or
she declines to answer further questions until an attorney is present. However,
any statements made up until that point during the interrogation may be used in
court.
Q. Can the police really "help out" or reduce the sentences of
suspects who confess during questioning?
A. No. Once a person has been arrested, the police have no
control over how the legal system treats them. Criminal charges and sentencing
are totally up to the prosecutors and the judge.
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