The Miranda Warning is something that pretty much everyone has heard of thanks to movies and TV. Chances are, even if a person isn’t familiar with the term Miranda Warning, they still have heard the warning. The Miranda Warning or the Miranda Rights is the little speech that officers give to people as they are being arrested.
Typically the warning includes things along the lines of:
- You have the right to remain silent.
- Anything you say can and will be used against you.
- You have the right to an attorney.
- If you cannot afford an attorney then one will be provided for you.
These warnings came about from a 1966 Supreme Court decision in case of Miranda v. Arizona. In that case, the Supreme Court decided that Miranda’s Fifth and Sixth Amendment rights had been violated by officers. The Fifth Amendment protects people from self-incrimination, while the Sixth Amendment grants every defendant the right to have a lawyer.
If a person is being arrested and interrogated, then the officer needs to read the person their Miranda Rights. Doing so ensures that the person knows that they don’t have to talk or answer any questions until they’ve spoken to a lawyer. By speaking to a lawyer first, a person reduces the chances of incriminating him or herself.
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