Miranda Rule Definition
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What Is the Definition of the Miranda Rule?
The Miranda rule is a concept in criminal law that applies to police interrogations of person who have been taken into custody. The term "Miranda" stems from the famous case, "Miranda v. Arizona" (1966). This case discussed the admissibility of statements obtained during interrogation. Basically, the Miranda case only allows statements from interrogation as evidence if the suspect was first informed of their right to an attorney.
Due to the Miranda ruling, detained suspects must be "read their rights" first before the police can question them.
What Is Included in the List of Miranda Rights?
Basically, the Miranda rights guarantee that the person won’t be interrogated without a lawyer if they decide that they want one. The rights usually read as:
- You have the right to remain silent
- You have the right to an attorney present during interrogations
- If you can’t afford an attorney, one will be provided to you
How Can a Person Waive Their Miranda Rights?
A person can waive their Miranda rights. This means that the police can interrogate them even if the person does not have an attorney present. Miranda rights can be waived if the person being interrogated explicitly states that he waives his rights or if he simply does not remain silent. By speaking up, a person effectively giving up his right to remain silent.
How Is the Miranda Rule Enforced?
The Miranda rule can be violated in many ways (for instance, if an officer fails to read a person their rights after they’ve been arrested). However, enforcing the rights can sometimes be difficult, especially when all parties are unaware that the Miranda rights have been violated. The violation can sometimes be unintentional.
Usually, it’s up to the defendant and their attorney to try and determine whether the Miranda procedures were followed correctly. This may require some recollection on the part of the defendant, as well as some careful analysis by a lawyer. For these reasons, working with an attorney is almost always necessary if there are possible issues with the Miranda rules.
Do I Need a Lawyer for Help with Miranda Procedures and Rules?
As you can see, Miranda laws can be quite complex. You may need to hire a lawyer to help you if you are facing criminal charges. Your attorney can review your case to determine whether your Miranda rights were properly honored or not. Also, your lawyer can represent you during court meetings and can help when it comes to interpreting laws and other tasks.
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Last Modified: 12-09-2013 04:31 PM PST
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