Our Miranda Rights - Everything about Miranda Rights by Dr.Bethel Erastus-Obilo



This is what it means to Mirandarize a suspect - to read him his basic constitutional rights (with the accompanying warning on silence) by reciting the following to them, in the form of a warning, upon being arrested and put into custody:

"You have the right to remain silent. Anything you say can and will be used against you in a court of law. You have the right to an attorney. If you cannot afford an attorney, one will be provided for you. Do you understand the rights I have just read to you? With these rights in mind, do you wish to speak to me?" 9

The Supreme Court held that the prosecution or state is not allowed to use statements stemming from custodial interrogation of the defendant unless it can show that the method used to obtain the statement did not deprive the suspect of his rights against self-incrimination.

Privilege against self-incrimination - Pleading the Fifth Amendment

The privilege against self-incrimination is an important constitutional provision that gives the suspect the right to decide, at any time, before or during questioning, the right to remain silent and the right to talk to a lawyer while being questioned. In other words, the suspect is protected by law from saying anything that may incriminate him.

Thus, under Miranda, there is no obligation to speak to the police beyond providing answers to basic questions such as name, address and date of birth.

The Miranda right reading and warning does not have to be in any particular format. In fact, many states have adopted their own versions but all of them contain the spirit of Miranda in its three basic components.

9 http://www.mirandawarning.org/whatareyourmirandarights.html

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Last updated on March 3, 2019

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