Fifty years old today: "You have the right to remain silent."

[mahatmakanejeeves]

Miranda v. Arizona

Miranda v. Arizona, 384 U.S. 436 (1966), was a landmark decision of the United States Supreme Court. In a 5–4 majority, the Court held that both inculpatory and exculpatory statements made in response to interrogation by a defendant in police custody will be admissible at trial only if the prosecution can show that the defendant was informed of the right to consult with an attorney before and during questioning and of the right against self-incrimination before police questioning, and that the defendant not only understood these rights, but voluntarily waived them.

This had a significant impact on law enforcement in the United States, by making what became known as the Miranda rights part of routine police procedure to ensure that suspects were informed of their rights. The Supreme Court decided Miranda with three other consolidated cases: Westover v. United States, Vignera v. New York, and California v. Stewart.

The Miranda warning (often abbreviated to "Miranda", or "Mirandizing" a suspect) is the name of the formal warning that is required to be given by police in the United States to criminal suspects in police custody (or in a custodial situation) before they are interrogated, in accordance with the Miranda ruling. Its purpose is to ensure the accused are aware of, and reminded of, these rights under the U.S. Constitution, and that they know they can invoke them at any time during the interview. The circumstances triggering the Miranda safeguards, i.e. Miranda rights, are "custody" and "interrogation". Custody means formal arrest or the deprivation of freedom to an extent associated with formal arrest. Interrogation means explicit questioning or actions that are reasonably likely to elicit an incriminating response.

Per the U.S. Supreme Court decision Berghuis v. Thompkins (June 1, 2010), criminal suspects who are aware of their right to silence and to an attorney, but choose not to "unambiguously" invoke them, may find any subsequent voluntary statements treated as an implied waiver of their rights, and used in evidence. At least one scholar has argued that Thompkins effectively gutted Miranda.

[pennylane100]

1. However, does the right to an attorney

mean that you will have to wait in jail until an attorney becomes available to you. That would probably penalize those who cannot afford their own attorney and there are no public defenders available.