Miranda Rights To most people, the case Miranda v. Arizona, 384 U.S. 436 (1966), is synonymous with the Miranda warnings given to accused criminals. People understand that Miranda means that a criminal defendant has the right to remain silent and the right to an attorney. Although Miranda warnings do inform defendants of those rights, the Miranda decision is not what created those rights. In fact, under the Fifth and Sixth Amendments,

The U.S. Supreme Court held that the prosecution may not use statements without the use of procedural safeguards effective to secure the Fifth Amendment's privilege against self-incrimination (Summary pp). The decision reads, "the person in custody must, prior to interrogation, be clearly informed that he has the right to consult with a lawyer and to have the lawyer with him during interrogation, and that, if he is indigent, a lawyer

Other examples in which the Court of the United States notes the Constitution had been violated because the defendant was not guaranteed aid of counsel or legal advisement include the case of Spano v. New York, 360 U.S. 314, No. 326. This again is a case in which the Petitioner was accused and the interrogation was set up to make the Petitioner admit his criminal actions so that incriminating

Miranda Issues in Law Enforcement In 1966, the U.S. Supreme Court decided the landmark case of Ernesto Miranda, who had been arrested by Arizona police on suspicion of rape. The suspect confessed to the crime after two hours of questioning by police while in their custody, without ever having been advised of his 5th Amendment right against self-incrimination or his 6th Amendment right to legal representation before such questioning. Ever since the Miranda

Miranda Rights Scenario #1 In 1966 the Miranda v. Arizona case ushered in the era of police informing suspects of their constitutional rights under the Fifth Amendment to the Constitution. This case is universally accepted as critical to protecting the rights of suspects while in the custody of the police, however, the impact on the effectiveness of the police is not usually discussed. In a 1998 study John Donohoe discussed the empirical

Miranda Rights Should Be Available to Individuals Detained by Private Security Most people are familiar with so-called "Miranda Rights" that are named after the 1968 Supreme Court decision in Miranda v. Arizona. Fewer people actually understand what those rights actually are or why they are important. Specifically, Miranda does not actually require police to "read rights" to suspects or prohibit them from questioning suspects and arrested persons. Instead, Miranda imposes a