Miranda rights, named after the Supreme Court case Miranda v. Arizona (1966), mean a person being taken into police custody must be told about his or her right to remain silent and that anything the person says can be used against him or her in a court of law. These rights, which also include the right to have an attorney present at questioning and the right to have an attorney appointed for the suspect if he or she can't afford one, are protected by the Fifth and Sixth Amendments to the Constitution.
Suspects being taken into custody, meaning their freedom is being curtailed and they are being arrested, must be told about their Miranda rights. At this point, anything they say can be used against them in a court of law. If a suspect is being interrogated, the suspect must also be advised of their Miranda rights. An interrogation is different than an interview because, during an interrogation, a police officer suspects that the person is involved in the event. During an interview, the police officer is questioning a person and may or may not suspect that person, but primarily is focused on learning more information. Police officers do not need to provide Miranda warnings before interviewing people.
Sunday, December 22, 2019
What are Miranda warnings and at what point in the process they must be issued? Remember that there may be a difference between an interview and interrogation. Is the information you are gathering going to be used against a suspect in a court of law?
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