The Miranda Warning, which is also sometimes referred to as the Miranda rights, is comprised of a series of cautionary statements that law enforcement officials within the United States of America are required to affirm to suspects that have been detained or arrested before being able to interrogate them. It is a warning that is meant to inform suspect of their U.S. Constitutional rights.
The design behind the Miranda Warning occurred through the case Miranda v. Arizona. The Supreme Court held that an extracted incriminating statement cannot be admissible in a U.S. court of law unless the individual has been advised of their right to avoid making self-incriminating statements and have been informed they have the right to have legal counsel present before answer or responding to any questions. Additionally, the suspects must make an intellectually informed waiver of these rights in order to relinquish any legal requisites in a U.S. Court of Law.
In the case Miranda v Arizona, Ernesto Miranda was arrested at his home on March 13, 1963. Miranda was not informed of his rights, but was arrested, taken from his home, taken to the police station and detained in a segregated interrogation room. Miranda was not informed about his right to receive counsel, and, after two hours of questioning, police authorities had a written statement from Ernesto Miranda confessing to kidnapping and sexual assault. The confession also contained a full disclaimer stating that Miranda was fully aware of his legal rights, when in fact, his legal counsel argued, he did not. The court overturned Miranda’s conviction because it held that Ernesto Miranda was not properly informed of his legal rights as a suspect. This allowed Miranda to retract his statement of confession. The creation of the Miranda Warning mandates the U.S. police force to inform citizens of their rights to due process.
It is designed to cover all legal bases that a detained individual may meet while in police custody. Many officers have also added statements of understanding at the end of each Miranda Warning in order to ensure the detained suspect is fully aware and acknowledges they are aware of the implications and connotation of their Miranda rights.
1. You have the right to remain silent and refuse to answer questions. Do you understand?
2. Anything you do say may be used against you in a court of law. Do you understand?
3. You have the right to consult an attorney before speaking to the police and to have an attorney present during questioning now or in the future. Do you understand?
4. If you cannot afford an attorney, one will be appointed for you before any questioning if you wish. Do you understand?
5. If you decide to answer questions now without an attorney present you will still have the right to stop answering at any time until you talk to an attorney. Do you understand?
6. Knowing and understanding your rights as I have explained them to you, are you willing to answer my questions without an attorney present?
