2006-09-15 08:16:39 · 11 answers · asked by Anonymous in Politics & Government ➔ Law Enforcement & Police
From Wikipedia:
"The Miranda warning is a police warning that is given to criminal suspects in police custody in the United States before they are asked questions relating to the commission of crimes. Police may request biographical information such as name, date of birth and address without reading suspects their Miranda warnings. Compulsory confessions will not constitute admissible evidence unless suspects have been made aware of and waived their "Miranda rights"."
Check the link below for a typical warning -- hope you never hear it in person!!
2006-09-15 08:18:39 · answer #1 · answered by Yahzmin ♥♥ 4ever 7 · 2⤊ 0⤋
It comes from the case Miranda v. Arizona.
The Supreme Court said that because of the danger of coerced testimony during custodial interrogation (questioning while under arrest), the police need to ensure that a person is made aware of their rights. Those rights include remaining silent, and having access to an attorney. And to do that, the police must give the person a Miranda warning reminding them of their rights.
The purpose of those rights and the warning is to provide a bright line whenever a person is being questioned by the police. If the police cross that line, and refuse to allow the person to remain silent or consult with an attorney, anything said by the person cannot be used against them in court. Only if the person waives (does not invoke) their right to remain silent can their statements be used.
Most people misunderstand the rights (and the need for warnings) to apply anytime someone is arrested. That is not true. Only when the person is being interrogated while in custody is Miranda an issue. If the police are not speaking with you, and are not going to use anything you say, then no warnings are required.
2006-09-15 15:17:50 · answer #2 · answered by coragryph 7 · 4⤊ 0⤋
The are what a person who is arrested is supposed to be informed of at the time they are taken into custody. Right to remain silent, to an attorney, to have an attorney appointed if you can't afford one, that anything you say (and a lot of the stuff they make up about you) can and will be used against you, etc. The point is, NEVER talk to a cop without an attorney present.
2006-09-15 15:19:56 · answer #3 · answered by Spirit Walker 5 · 0⤊ 1⤋
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 speak to an attorney, and to have an attorney present during any questioning. If you cannot afford a lawyer, one will be provided for you at government expense
2006-09-15 15:19:16 · answer #4 · answered by NebCamp 2 · 0⤊ 0⤋
It came from a court case in Ariz where someone with your name sued because of the questioning they went though to force a confession.
It has changed somewhat over the years in how it is applied as it has been challenged in varoius court cases.
But it gives a person the right to an attorney if they can not afford one before they are questioned ( not arrested) There is still alot of issues on who can or who can't afford one, each state has thier own rules.
2006-09-15 15:19:55 · answer #5 · answered by Anonymous · 0⤊ 0⤋
What ARE the miranda rights?
They are read to you upon being arrested, "you have the right to remain silent etc."
It is a pretty name and I hope you never have them read to you.
2006-09-15 15:19:12 · answer #6 · answered by RED 2 · 0⤊ 0⤋
" You have the right to remain slight anything you say can and will be used against in a court of law. You have the right to an attorny. IF you cant afford one, one will be appointed to you . Do you understand these right" They are read to when you are being arrested.
2006-09-15 15:20:02 · answer #7 · answered by sweetone12 3 · 0⤊ 0⤋
you have the right to remain silent, if you give up that right anything you say can and will be used against you in the court of law, you have a right to an attorney if you cannot afford an attorney one will be appointed to you, do you understand these rights? all that from watching COPS :)
2006-09-15 15:23:23 · answer #8 · answered by Anonymous · 0⤊ 0⤋
the miranda rights are
the right to remain silent
anything you say can and will be used against you
You have the right to an attorney
If you can not get one
then one will be appointed to you by the state
and so on............etc.
I have heard that one too many times
2006-09-15 15:19:26 · answer #9 · answered by Cra-Z 2 · 0⤊ 0⤋
You have the right to get busy with miranda if you get her drunk enough.
2006-09-15 15:18:24 · answer #10 · answered by Anonymous · 1⤊ 2⤋