2007-02-25 12:30:17 · 5 answers · asked by ghettodramaqueen2006 1 in Politics & Government ➔ Law & Ethics
The answers above are partially correct. Miranda isn't a rule, it's the name given a warning, that you have the right to an attorney and to have that attorney present during any questioning while you are in the custody of law enforcement agents. The warning continues that you also have a right not to answer questions, to remain silent, and that if you give up that right, anything you say can be used against you in court.
If you are not given that warning prior to an in custody interrogation, anything evidence that stems from the interrogation may not be used as evidence in a subsequent prosecution.
The warning became known as the Miranda warning because of a Supreme Court ruling in the case of an individual named Miranda, who was not advised of his rights prior to questioning. The Supreme Court ruled that Mr. Miranda's subsequent confession could not be used against him.
2007-02-25 12:53:17 · answer #1 · answered by Anonymous · 1⤊ 0⤋
Miranda Rule
2016-10-01 08:15:32 · answer #2 · answered by ? 4 · 0⤊ 0⤋
In a nutshell your constitutional right to remain silent in the face of police questioning.
Comes from a 1966 U.S. Supreme Court decision called Miranda v. Arizona.
The Miranda rule stated in the case required police to advise criminal suspects of their specific constitutional rights before their arrest.
Known as Miranda warnings, there are four things the Supreme Court stated must be offered by police to a criminal suspect:
1 - the right to remain silent
2 - a reminder that anything you say to police can be used against you in a criminal prosecution
3 - your right to have an attorney
4 - related to 3, the reminder that if you can't afford an attorney, one will be appointed for you by the court.
If you know someone who's been arrested and who didn't receive these warnings, you should contact an attorney or ask for a court appointed attorney so you can raise the issue with the attorney and let the attorney make the proper objections.
2007-02-25 12:49:36 · answer #3 · answered by claveman 1 · 1⤊ 0⤋
The Miranda rule is what they read you when you get arrested,"You have the right to remain silent, anything you say can and will be used against you in a court of law...." The law came into effect when a man with the last name Miranda was arrested. I honestly don't remember what his story was, you can look that up.
2007-02-25 12:39:00 · answer #4 · answered by Anonymous · 0⤊ 0⤋
You must be given your rights upon arrest. That's the "You have the right to remain silent, any thing you say can and will be used against you in a court of law. You have the right to legal counsel. If you cannot afford a lawyer, one will be provided to you free of charge..... etcetera"
Miranda was guilty and had been found so by a court. the case went to the supreme court though, which ruled that since he did not know his rights he must be set free. A few months later he was murdered in a bar- and the guy who killed him was read his rights from a Miranda card upon arrest (found guilty later too)
2007-02-25 12:41:21 · answer #5 · answered by The Big Box 6 · 0⤊ 1⤋
This Site Might Help You.
RE:
what is the miranda rule?
2015-08-19 03:59:17 · answer #6 · answered by Anonymous · 0⤊ 0⤋
The Miranda rule is the rights the police have to read you in order to detain you, so you are aware of all your rights. They cannot question you unless you have been read, and understand your rights, so if you don't speak english they have to find a translator, and if you're drunk or high, they have to wait until you're sober.
2007-02-25 12:42:31 · answer #7 · answered by Taryn C 2 · 2⤊ 0⤋
That a person has to be made aware of their rights upon restraint/arrest by the police.
"You have the right to remain silent. If you give up that right. . . yada yada. .."
2007-02-25 12:35:22 · answer #8 · answered by volleyballchick (cowards block) 7 · 1⤊ 1⤋