When you hear the phrase “Miranda rights,” you probably think of the famous warning that law enforcement officers give suspects when they are being arrested: “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 an attorney. If you cannot afford an attorney, one will be appointed for you.” But what do these rights actually mean, and when do they apply? In this article, we’ll take a closer look.
What Each of the Miranda Rights Are:
- The right to remain silent: This means that you don’t have to answer any questions from the police. You can simply stay quiet and not say anything that could incriminate yourself.
- The right to an attorney: This means that you have the right to have a lawyer present during any questioning by the police.
- The right to have an attorney appointed: If you can’t afford an attorney, one will be appointed to you by the court.
When They Apply
The Miranda rights apply when you are in custody and being questioned by a law enforcement officer. This means that if you are being arrested, or if you are being detained by the police and they are trying to question you about a crime, you are entitled to have your Miranda rights read to you.
Their Basis in the Fifth Amendment
The Miranda rights are based on the Fifth Amendment of the U.S. Constitution, which protects citizens from self-incrimination. The Supreme Court has said that the purpose of the Miranda warning is to ensure that suspects in police custody are aware of their constitutional rights and can make informed decisions about whether to waive those rights.
How Miranda Rights Got Their Name
The Miranda rights are named after a man named Ernesto Miranda, who was arrested and convicted of kidnapping and rape in Arizona in 1963. Miranda did not have his rights read to him at the time of his arrest and his conviction was overturned by the U.S. Supreme Court on the grounds that he had not been informed of his constitutional rights.
What Happens if Miranda Rights Are Violated?
If a law enforcement officer violates your Miranda rights, any statements you make or evidence obtained as a result of the violation may not be used as evidence against you in court. This is known as the exclusionary rule. Additionally, if a law enforcement officer continues to question you after you have invoked your right to remain silent or your right to an attorney, any statements made after that point can also be excluded as evidence.
Miranda rights are a fundamental protection of the U.S. Constitution that ensure that you are aware of your rights when being questioned by the police. It is important to understand when they apply, their basis in the Fifth Amendment, how they got their name, and what happens if they are violated. If you are ever in custody and being questioned by the police, it is important to remember that you have the right to remain silent and the right to an attorney.
