According to the US Constitution, Miranda Rights are a part of the Fifth Amendment that protects defendants against ‘self-incrimination.’
If you’re arrested anywhere in the US and were not notified of these rights, your arrest or the questioning process that followed will be considered null and void. Here’s what these rights entail and why they’re important:
Who was Miranda?
Miranda rights were named after one of the most illustrious US Supreme Court cases—Miranda v. Arizona. The case revolved around Ernesto Miranda who was taken into custody for allegedly stealing $8 from a bank worker. After two hours of non-stop questioning, Miranda finally gave in and confessed. He confessed not only to the act of robbery but also to rape and kidnapping. He did so while not in custody and not consulting his attorney.
This conviction was later appealed in the US Supreme Court. The verdict stated that any statement that Miranda made could not be used as evidence against him. This was because he was not advised of his rights. Hence, the Miranda case established new rights which are, to date, recited to suspects before any formal questioning is carried out.
What are Miranda Rights?
In a nutshell, the standard Miranda warning states that every defendant has the right to remain silent. If they choose not to remain silent and go on to make statements, those statements could be used as evidence against them.
Miranda Rights also give the defendant the right to speak to an attorney before any questioning or to have an attorney around during the questioning. The last clause of the law states that if the defendant can’t afford to pay for a lawyer, it’s the government’s job to provide one at government expense.
This means that silence cannot be used against defendants in court. Other than that, there’s an additional clause that’s known as ‘Pre-Miranda Silence.’ This is when the defendant has not read through the rights and still chooses to remain silent. However, silence in such cases usually has negative connotations and can be perceived as suspicious.
Although each state has the authority to make rules about what exactly must be communicated to a suspect before questioning takes place, these clauses remain in effect throughout the US.
If you feel like your Miranda Rights were not honored during an arrest, there’s always a way to raise concern.
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