In the United States, the Miranda warning is a warning given by police to criminal suspects in police custody, or in a custodial situation, before they are asked guilt-seeking questions relating to the commission of a crime. A custodial situation is one in which the suspect's freedom of movement is restrained although he or she is not under arrest. An incriminating statement by a suspect will not constitute admissible evidence unless the suspect was advised of his or her "Miranda rights" and made a knowing, intelligent, and voluntary waiver of those rights (the term "Miranda rights" is somewhat misleading, as the mandated Miranda warning simply clarifies preexisting Constitutional rights). However, a 2004 Supreme Court ruling upheld state "stop-and-identify" laws, allowing police to require biographical information such as name, date of birth, and address, without arresting suspects or providing them Miranda warnings.
The Miranda warnings were mandated by the 1966 United States Supreme Court decision in the case of Miranda v. Arizona as a means of protecting a criminal suspect's Fifth Amendment right to avoid coercive self-incrimination (see right to silence).
The Supreme Court did not specify the exact wording to be used when informing a suspect of his or her rights. However, the Court did create a set of guidelines which must be followed. The ruling states:
" ...The person in custody must, prior to interrogation, be clearly informed that he or she has the right to remain silent, and that anything the person says may be used against that person in court; the person must be clearly informed that he or she has the right to consult with an attorney and to have that attorney present during questioning, and that, if he or she is indigent, an attorney will be provided at no cost to represent him or her. "
As a result, American English developed the verb Mirandize, meaning "to read to a suspect his or her Miranda rights" (when the suspect is arrested).[1]
Notably, the Miranda rights do not have to be read in any particular order, and they do not have to precisely match the language of the Miranda decision, as long as they are adequately and fully conveyed. California v. Prysock, 453 U.S. 355 (1981) [1]
Typical Usage
Though every U.S. jurisdiction has its own regulations regarding what, precisely, must be said to a person when he is arrested or placed in a custodial situation, the typical warning is as follows:
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 present during questioning. If you cannot afford an attorney, one will be appointed for you. Do you understand these rights?
The courts have since ruled that the warning must be "meaningful", so it is usually required that the suspect be asked if he understands his rights. Sometimes, firm answers of "yes" are required. Some departments and jurisdictions require that an officer ask "do you understand?" after every sentence in the warning. An arrestee's silence is not a waiver. Evidence has been ruled inadmissible because of an arrestee's poor knowledge of English and the failure of arresting officers to provide the warning in the arrestee's language.
Also because of various education levels, officers must make sure the suspect understands what the officer is saying. It may be necessary to "translate" to the suspect's level of understanding. Courts have ruled this admissible as long as the original waiver is said and the "translation" is recorded either on paper or on tape.
The right of a juvenile to remain silent without his or her parent or guardian present is provided in some jurisdictions.
" Do you understand the rights I have just read to you? With these rights in mind, do you wish to speak to me? "
An affirmative answer to both of the above questions waives the rights. If the suspect responds "no" to the first question, the officer is required to re-read the Miranda warning, while saying "no" to the second question invokes the right at that moment; in either case the interviewing officer or officers cannot question the suspect until the rights are waived.
An affirmative answer to both of the above questions waives the rights. If the suspect responds "no" to the first question, the officer is required to re-read the Miranda warning, while saying "no" to the second question invokes the right at that moment; in either case the interviewing officer or officers cannot question the suspect until the rights are waived.
