What is mean Miranda amendment ?

Answer 1

There is in the US a Miranda warning, and Miranda waivers.

Do you refer to one of those?

Answer 2

The foundation for Miranda v. Arizona (1966) was laid in Malloy v. Hogan (1964) which applied the privilege against self-incrimination to state criminal proceedings and Escobedo v. Illinois (1964) which allowed consultation with an attorney about the privilege against self-incrimination. Because Malloy, or the privilege against self-incrimination, is a primary component of the 5th Amendment, and Escobedo, or the right to counsel, is a primary component of the 6th Amendment, Miranda, or Miranda Law, is usually referred to as "the marriage of the 5th and 6th Amendment". It is therefore not a simple 5th Amendment case nor a simple self-incrimination case. What it deals with are confessions and interrogations, two words that don't even appear in the 5th Amendment.

Miranda is a "bright line" rule (beyond which nobody should cross) intended to forever extinguish the use of COERCION but allowing PRESSURE. It was not intended, as the exclusionary rule was, to reform the police or improve society, but to simply draw the line on coercion, much like Brown v. Mississippi (1936) was intended to outlaw torture. It was not intended to eliminate interrogation, which is inherently stressful and necessarily involves pressure. The purpose of Miranda is to neutralize the distinct psychological disadvantage that suspects are under when dealing with police.

Confessions, prior to Miranda, were only required to meet the voluntariness test, a requirement that all confessions must be voluntary, an exercise of free will on the part of a suspect. This requirement was usually met if the suspect's physical, mental, and emotional condition was stable at the time of making a confession. Today, the voluntariness test and its totality-of-circumstances component continues to be used, but in our post-Miranda era, police must prove they read specific Miranda warnings and obtained an intelligent waiver. Miranda law is not offense-specific; it doesn't matter if the offense is a felony or misdemeanor.

Miranda warnings are "triggered", or apply and have to be read, if TWO elements are present: CUSTODY and INTERROGATION. Both are more difficult to define than what might appear at first glance. It is important to note that BOTH elements must be present at the same time, what might be called CUSTODIAL INTERROGATION, although for purposes of understanding, we will treat each term separately.

CUSTODY is the Miranda equivalent of arrest. It does not include traffic stops or brief field interviews based on reasonable suspicion. Nor does it apply to telephone calls, since the suspect is always free to hang up. There is no litmus test (checklist), but an objective test is used to determine if custody occurs. The officer's subjective intent to arrest does not matter. What matters is if, objectively, a reasonable person would believe that an officer conveyed, by words or actions, that a suspect is not free to leave. It also does not matter why the suspect is in custody. Warnings must be given if the suspect is arrested or in jail for one crime and being questioned for another crime.
Which basically means that unless the officer is questioning you they don't have to read you your Miranda rights, contrary to what you see on TV.

Answer 3

Miranda rights

Answer 4

Miranda rights are what you see on cops shows and TV when they read you your rights before being arrested. "you have the right to remain silent anything and everything you say can be use against you in the court of law, you have the right to an attorney if you don't have the money to get an attorney the state will provide you with one"

Answer 5

There is no Miranda amendment.

Miranda Rights refer to a supreme case decision (Miranda versus Arizona) in which Ernesto Miranda had a conviction for robbery, kidnapping, and rape overturned because he had not been informed of his constitutional rights.

Answer 6

It is some goofy idea our local official Ben Miranda can conjured up. Probably some amendment to the board of supervisors allowing him more coffee breaks.

Answer 7

It means you have the right to remain silent and that if you say anything it will be held against you in a court of law; that you have a right to an attorney and if you can't afford an attorney one will be appointed to you and do you understand these rights?

Answer 8

You have to be read your rights when arrested.