NationMaster - Encyclopedia: Miranda warning

The Miranda warning is a police warning that is given to criminal suspects in police custody or in a custodial situation in the United States before they are asked questions relating to the commission of a crime. A custodial situation is where the suspect's freedom of movement is restrained although he or she is not under arrest. Police may request biographical information such as name, date of birth and address without reading suspects their Miranda warnings. A statement by the suspect will not constitute admissible evidence unless the suspect has been advised of and waived their "Miranda rights". Image File history File links Scale_of_justice. ... Criminal procedure refers to the legal process for adjudicating claims that someone has violated the criminal law. ... An arrest warrant is a warrant issued by a public officer which authorizes the arrest and detention of an individual. ... A search warrant is a written warrant issued by judge or magistrate which authorizes the police to conduct a search of a person or location for evidence of a criminal offense, and seize the evidence. ... In United States criminal law, probable cause refers to the standard by which a police officer may make an arrest, conduct a personal or property search or obtain a warrant. ... Knock-and-announce, in United States law of criminal procedure, is an ancient common-law principle which requires law enforcement officers to announce their presence and provide residents with an opportunity to open the door to the residence when conducting a search. ... An exigent circumstance, in the American law of criminal procedure, allows law enforcement to enter a structure without a warrant, or if a they have a knock and announce warrant, without knocking and waiting for refusal under certain circumstances. ... 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A grand jury is a type of jury, in the common law legal system, which determines if there is enough evidence for a trial. ... Criminal procedure refers to the legal process for adjudicating claims that someone has violated the criminal law. ... A statute of limitations is a statute in a common law legal system that sets forth the maximum period of time, after certain events, that legal proceedings based on those events may be initiated. ... This article or section does not adequately cite its references or sources. ... A bill of attainder (also known as an act or writ of attainder) is an act of legislature declaring a person or group of persons guilty of some crime, and punishing them, without benefit of a trial. ... An ex post facto law (from the Latin for from something done afterward) or retroactive law, is a law that retroactively changes the legal consequences of acts committed or the legal status of facts and relationships that existed prior to the enactment of the law. ... 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An inquisitorial system is a legal system where the court or a part of the court is actively involved in determining the facts of the case, as opposed to an adversarial system where the role of the court is solely that of an impartial referee between parties. ... The adversarial system (or adversary system) of law is the system of law, generally adopted in common law countries, that relies on the skill of the different advocates representing their partys positions and not on some neutral party, usually the judge, trying to ascertain the truth of the case. ... Arraignment is a common law term for the formal reading of a criminal complaint, in the presence of the defendant, to inform him of the charges against him. ... In the common law legal system, an indictment (IPA: ) is a formal charge of having committed a most serious criminal offense. ... In legal terminology, a plea is simply an answer to a claim made by someone in a civil or criminal case under common law using the adversary system. ... In the common law legal system, the peremptory pleas (pleas in bar), are pleas that set out special reasons for which a trial cannot go ahead. ... In criminal trials in some common law jurisdictions, a plea of nolo contendere means that the defendant neither admits nor disputes the charge, and is an alternative to pleading guilty or not guilty. ... A plea bargain (also plea agreement, plea deal or copping a plea) is an agreement in a criminal case in which a prosecutor and a defendant arrange to settle the case against the defendant. ... A presentence investigation report (PSI) is a legal term referring to the investigation into the history of person convicted of a crime before sentencing to determine if there are extenuating circumstances which should ameliorate the sentence or a history of criminal behavior to increase the harshness of the sentence. ... Criminal law (also known as penal law) is the body of statutory and common law that deals with crime and the legal punishment of criminal offenses. ... The law of evidence governs the use of testimony (e. ... Civil procedure is the body of law that sets out the process that courts will follow when hearing cases of a civil nature (a civil action, as opposed to a criminal action). ... Look up warning in Wiktionary, the free dictionary. ... In the parlance of criminal justice, a suspect is a term used to refer to a person, known or unknown, suspected of committing a crime. ... Admissible evidence, in a court of law, is any testimonial, documentary, or tangible evidence that may be introduced to a factfinder - usually a judge or jury in order to establish or a bolster a point put forth by a party to the proceeding. ...

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). However, since its creation by the Warren Court, the Supreme Court has indicated that the Miranda decision imposes "prophylactic" or preventative safeguards rather than protections mandated by the Fifth Amendment privilege. 1966 (MCMLXVI) was a common year starting on Saturday (the link is to a full 1966 calendar). ... Federal courts Supreme Court Chief Justice Associate Justices Elections Presidential elections Midterm elections Political Parties Democratic Republican Third parties State & Local government Governors Legislatures (List) State Courts Counties, Cities, and Towns Other countries Politics Portal The Supreme Court of the United States (SCOTUS) is the highest judicial body in the... Holding The Fifth Amendment privilege against self-incrimination requires law enforcement officials to advise a suspect interrogated in custody of his rights to remain silent and to obtain an attorney. ... The Bill of Rights in the National Archives Amendment V (the Fifth Amendment) of the United States Constitution, which is part of the Bill of Rights, is related to legal procedure. ... Self-incrimination is the act of accusing oneself of a crime for which a person can then be prosecuted. ... The right to silence is a legal protection enjoyed by people undergoing police interrogation or trial in certain countries. ... Earl Warren (March 19, 1891 â€“ July 9, 1974) was a California district attorney of Alameda County, the 20th Attorney General of California, the 30th Governor of California, and the 14th Chief Justice of the United States (from 1953 to 1969). ...

Miranda vs. Arizona

In 1963, Ernesto Miranda was arrested for kidnapping and rape. He made a confession without having been told of his constitutional right to remain silent and his right to have an attorney present during police questioning. At trial, prosecutors offered only his confession as evidence and he was convicted. The Supreme Court ruled (Miranda v. Arizona, 384 U.S. 436 (1966)) that Miranda was intimidated by the interrogation and that he did not understand his right not to incriminate himself or his right to counsel. On this basis, they overturned his conviction. Miranda was later convicted in a new trial, with witnesses testifying against him and other evidence presented. He served eleven years. Holding The Fifth Amendment privilege against self-incrimination requires law enforcement officials to advise a suspect interrogated in custody of his rights to remain silent and to obtain an attorney. ... Ernesto Arturo Miranda (March 9, 1941 â€“ January 31, 1976) was a laborer whose conviction on kidnapping, rape, and armed robbery charges based on his confession under police interrogation resulted in the landmark U.S. Supreme Court case (Miranda v. ... In legal parlance, a trial is an event in which parties to a dispute present information (in the form of evidence) in a formal setting, usually a court, before a judge, jury, or other designated finder of fact, in order to achieve a resolution to their dispute. ... The prosecutor is the chief legal representative of the prosecution in countries adopting the common law adversarial system or the civil law inquisitorial system. ... Holding The Fifth Amendment privilege against self-incrimination requires law enforcement officials to advise a suspect interrogated in custody of his rights to remain silent and to obtain an attorney. ...

When Miranda was later killed in a knife fight, his killer received the Miranda warnings; he invoked his rights and declined to give a statement. [1]

In 2000, the issue of Miranda rights came up before the Supreme Court once again (Dickerson v. United States, 530 U.S. 428 (2000). The justices re-affirmed the role of the earlier precedent. [2] Holding The mandate of that a criminal suspect be advised of certain constitutional rights governs the admissibility at trial of the suspects statements, not the requirement of 18 U.S.C. Â§ 3501 that such statements simply be voluntarily given. ...

Miranda rights

The Supreme Court did not specify the exact wording to be used when informing a suspect of his or her rights. However, they did set down a set of guidelines which must be followed. The ruling states:

As a result, American English has acquired the verb Mirandize, meaning to read to a suspect his or her Miranda rights (when that suspect is taken into custody for the purpose of questioning). The right to silence is a legal protection enjoyed by people undergoing police interrogation or trial in certain countries. ... A trial at the Old Bailey in London as drawn by Thomas Rowlandson and Augustus Pugin for Ackermanns Microcosm of London (1808-11). ... English barrister 16th century painting of a civil law notary, by Flemish painter Quentin Massys. ... A boy from an East Cipinang trash dump slum in Jakarta, Indonesia shows what he found. ... For other uses, see American English (disambiguation). ... It has been suggested that Verbal agreement be merged into this article or section. ...

Typical Miranda warning

Though every U.S. jurisdiction has its own regulations regarding what, precisely, must be said to a person when they are arrested or placed in a custodial situation, the typical warning is as follows:

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. 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.

Some departments in Indiana, New Jersey, Nevada, Oklahoma, and Alaska add the following sentence: This article is about the U.S. State. ... It has been suggested that this article be split into multiple articles. ... This article does not cite any references or sources. ... Official language(s) None Capital Oklahoma City Largest city Oklahoma City Area Ranked 20th - Total 69,960 sq mi (181,196 kmÂ²) - Width 230 miles (370 km) - Length 298 miles (480 km) - % water 1. ... Official language(s) English Capital Juneau Largest city Anchorage Area Ranked 1st - Total 663,267 sq mi (1,717,855 kmÂ²) - Width 808 miles (1,300 km) - Length 1,479 miles (2,380 km) - % water 13. ...

Even though this sentence can be somewhat ambiguous to some hapless laypersons — who can, and who have, interpreted it to mean that "you will not get a lawyer until you confess and are arraigned in court" — the U.S. Supreme Court has approved of it as an accurate description of the procedure in those states. Duckworth v. Eagan, 492 U.S. 195 (1989) (upholding use of sentence by Hammond, Indiana police). Location in the state of Indiana Coordinates: County Lake Mayor Thomas McDermott, Jr. ...

California, Texas, New York, Florida, Illinois, North Carolina, and Pennsylvania also add the following questions: Official language(s) English Capital Sacramento Largest city Los Angeles Area Ranked 3rd - Total 158,302 sq mi (410,000 kmÂ²) - Width 250 miles (400 km) - Length 770 miles (1,240 km) - % water 4. ... Official language(s) No Official Language See languages of Texas Capital Austin Largest city Houston Area Ranked 2nd - Total 261,797 sq mi (678,051 kmÂ²) - Width 773 miles (1,244 km) - Length 790 miles (1,270 km) - % water 2. ... NY redirects here. ... This article is about the U.S. State. ... Official language(s) English[1] Capital Springfield Largest city Chicago Largest metro area Chicago Area Ranked 25th - Total 57,918 sq mi (149,998 kmÂ²) - Width 210 miles (340 km) - Length 390 miles (629 km) - % water 4. ... Official language(s) English Capital Raleigh Largest city Charlotte Area Ranked 28th - Total 53,865 sq mi (139,509 kmÂ²) - Width 150 miles (240 km) - Length 560[1] miles (901 km) - % water 9. ... Official language(s) English, Pennsylvania Dutch Capital Harrisburg Largest city Philadelphia Area Ranked 33rd - Total 46,055 sq mi (119,283 kmÂ²) - Width 280 miles (455 km) - Length 160 miles (255 km) - % water 2. ...

A "yes" answer to both completes the waiver. A "no" to either invokes the right.

Under the Uniform Code of Military Justice, Article 31 provides for the right against self-incrimination. Interrogation subjects under Army jurisdiction must first be given Department of the Army Form 3881(PDF), which informs them of the charges and their rights, and sign it. Other services likely have similar forms. The Uniform Code of Military Justice (UCMJ) is the foundation of military law in the United States. ...

It has been discussed if a Miranda warning - if spoken or in writing - could be appropriately given to disabled persons such as a deaf individual or people with only an elementary education because "constitutional" or "the right to remain silent" do not convey any meaning to such people; the content of a Miranda warning can be understood by a 6th- to 8th-grade pupil while only 10 to 15 percent of prelingually deaf people have been found to be that competent. Police departments have been advised not to say Miranda warnings to deaf people if a lawyer is not present, and videotaping both the Miranda warning and their waiver has also been suggested (from McCay Vernon et al.: "Deaf Murderers: Clinical and Forensic Issues", Behavioural Sciences and the Law 17: 495-516 (1999)).

Confusion regarding the Miranda warning

Due to the prevalence of American television programs and motion pictures in which the police characters frequently read suspects their rights, it has become an expected element of arrest procedure. In 2000, Chief Justice William Rehnquist wrote that Miranda warnings had "become embedded in routine police practice to the point where the warnings have become part of our national culture" (Dickerson v. United States, 530 U.S. 428). However, police are only required to warn an individual whom they intend to subject to custodial interrogation at the police station, in a police vehicle or when detained. Arrests can occur without questioning and without the Miranda warning — although if the police do change their mind and decide to interrogate the suspect, the warning must then be given. Furthermore, if public safety warrants such action, the police may ask questions prior to a reading of the Miranda warning, and the evidence thus obtained can sometimes still be used against the defendant. This does not adequately cite its references or sources. ... For other uses see film (disambiguation) Film refers to the celluliod media on which movies are printed Film — also called movies, the cinema, the silver screen, moving pictures, photoplays, picture shows, flicks, or motion pictures, — is a field that encompasses motion pictures as an art form or as... 2000 (MM) was a leap year starting on Saturday of the Gregorian calendar. ... William Hubbs Rehnquist (October 1, 1924 â€“ September 3, 2005) was an American lawyer, jurist, and a political figure, who served as an Associate Justice on the Supreme Court of the United States and later as the Chief Justice of the United States. ... Holding The mandate of that a criminal suspect be advised of certain constitutional rights governs the admissibility at trial of the suspects statements, not the requirement of 18 U.S.C. Â§ 3501 that such statements simply be voluntarily given. ...

Because Miranda only applies to custodial interrogations, it does not protect detainees from standard booking questions: name, date of birth, address, and the like. Because it is a prophylactic measure intended to safeguard the Fifth Amendment privilege against self-incrimination, it does not prevent the police from taking blood from persons suspected of driving under the influence of alcohol without a warrant. It has been suggested that this article or section be merged into Driving under the influence. ...

Currently there is a question about corrections and Miranda. If an inmate is in jail and invoked Miranda on one case, it is unclear whether this extends to any other cases that he or she may be charged with while in custody.

Equivalent rights in other countries

Australia

Within Australia, the right to silence derives from common law. The uniform position amongst the states is that neither the judge nor the jury is permitted to draw any inference which is unfavourable to the defendant, where he/she does not answer police questions. While this is the common law position, it is buttressed by various legislative provisions within the states. For instance s.464J of the Crimes Act 1958 (Vic) and s.89 of the Evidence Act 1995 (NSW). This article concerns the common-law legal system, as contrasted with the civil law legal system; for other meanings of the term, within the field of law, see common law (disambiguation). ...

It has also been upheld by the High Court in the case of Petty v R (1991) 173 CLR 95. However, where a defendant answers some police questions, but not others, an inference may sometimes be drawn about the questions he refused to answer. (See Coldrey, below.) High Court entrance The High Court of Australia is the final court of appeal in Australia, the highest court in the Australian court hierarchy. ...

The current caution used in New South Wales is: Capital Sydney Government Constitutional monarchy Governor Professor Marie Bashir Premier Morris Iemma (ALP) Federal representation - House seats 50 - Senate seats 12 Gross State Product (2004-05) - Product ($m) $305,437 (1st) - Product per capita $45,153/person (4th) Population (End of March 2006) - Population 6,817,100 (1st) - Density 8. ...

Where a defendant refuses to speak to the police, but then speaks to an undercover member of the police, that evidence is likely to be excluded so as to ensure that the police do not avoid their limitations. However, if a defendant speaks to a person who is not a member of the police and who is fitted with a listening device, that evidence would be admitted.

Australian research indicates that very few suspects actually refuse to speak. Stevenson’s research (see below for citation) indicates that only 4% of suspects who are subsequently charged and tried in the Sydney District Court remain silent during interviews. The Victorian DPP found that 7-9% of suspects refused to answer police questions. The Sydney Opera House on Sydney Harbour Sydney (pronounced ) is the most populous city in Australia, with a metropolitan area population of over 4,200,000 people, and 151,920, in the city limits. ... District courts are a category of courts which exists in several nations. ... Capital Melbourne Government Const. ... The Director of Public Prosecutions is the officer charged with the prosecution of criminal offences in several criminal jurisdictions around the world. ...

A number of states have conducted Enquiries into the adoption of the English changes set out in the Criminal Justice and Public Order Act 1994. See here, here or here All states have rejected such change. As the NSW Report said:

It is also important to note that anything said to an Australian police officer should be corroborated, especially by way of video or audio tape. If it is not so corroborated then the trial judge must formally warn the jury of the dangers of relying on uncorroborated evidence. While initially the police were insulted by this ruling most have now come to find it useful as a way of proving that they did not "verbal" an accused.

Canada

In Canada, equivalent rights exist pursuant to the Charter of Rights and Freedoms. Under the Charter, an arrested person has the right: The Charter, signed by Prime Minister Pierre Trudeau in 1981. ...

(See: R. v. Hebert [1990] 2 S.C.R. 15) In common law, habeas corpus (/heÉªbiÉ™s kÉ”É¹pÉ™s/) is the name of a legal action or writ by means of which detainees can seek relief from unlawful imprisonment. ... R. v. ...

Section 11 of the Charter further provides that a person cannot be compelled to be a witness in a proceeding against them (s. 11(c) - protection against self-incrimination) and is presumed innocent until proven guilty according to law in a fair and public hearing by an independent and impartial tribunal (s. 11(d)). Section 14 of the Charter further provides that a translator must be made available so that the person can understand the proceedings against them. This right to a translator extends to the deaf.

While Section 7 of the Charter guarantees the right to remain silent, Canadian law does not entitle the criminal suspect to have Counsel present during the course of an interrogation. Once a suspect has asserted their right to Counsel, the Police are obliged to hold off in attempting to obtain evidence until the suspect has had a reasonable opportunity to contact legal counsel, however suspects do not have the right to have Counsel present during the questioning.

England and Wales

The right against self-incrimination originated in England and Wales. In 1912, the judges of the Kings Bench issued the Judges Rules. These provided that, when a police officer wished to question a suspect about an offence, the officer should first caution the person that he was entitled to remain silent. The pre-trial operation of the privilege against self-incrimination was further buttressed by the decision in Ibrahim v R [1914] AC 599 that an admission or confession made by the accused to the police would only be admissible in evidence if the prosecution could establish that it had been voluntary. An admission or confession is only voluntary if it was made in the exercise of a free choice about whether to speak or remain silent: One of the ancient courts of England, the Kings Bench (or Queens Bench when the monarch is female) is now a division of the High Court of Justice of England and Wales. ... The Judges Rules were first issued in 1912 by the judges of the Kings Bench to give English police forces guidance on the procedures that they should follow in detaining and questioning suspects. ...

was used. The Criminal Justice and Public Order Act 1994 amended (some say abolished) the right to silence by allowing inferences to be drawn by the jury in cases where a suspect refuses to explain something, and then later produces an explanation. In other words the jury is entitled to infer that the accused fabricated the explanation at a later date, as he refused to provide the explanation during police questioning. The jury is also free to make no such inference. The new caution is: The Criminal Justice and Public Order Act 1994 was an act of parliament brought into law by the Parliament of the United Kingdom. ... The right to silence is a legal protection enjoyed by people undergoing police interrogation or trial in certain countries. ...

The caution in England and Wales does not explicitly require that a suspect affirms that he or she understands the caution, and many law enforcement officers do not ask this to prevent a recalcitrant suspect from delaying the investigation by falsely claiming not to understand the caution.

France

In France, any person brought in police custody (garde à vue) must be informed of the maximal duration of the custody, and a number of rights, in a language that this person understands. Among these rights are: the possibility of warning a relative or employer of the custody, that of asking to be examined by a physician, that of discussing the case with an attorney. Witnesses against whom there exist indictments (or who are cited as suspects) cannot be heard under oath, and thus do not risk prosecution for perjury. Such witnesses must be assisted by an attorney, and must be informed of these rights when heard by the judiciary. Suspects (any person against whom exist plausible causes of suspicion) must be informed of their right to remain silent, to make statements, or to answer questions. In all cases, an attorney can be designated by the head of the bar if necessary. The Doctor by Samuel Luke Fildes This article is about the term physician, one type of doctor; for other uses of the word doctor see Doctor. ... An attorney is someone who represents someone else in the transaction of business: For attorney-at-law, see lawyer, solicitor, barrister or civil law notary. ... Perjury is the act of lying or making verifiably false statements on a material matter under oath or affirmation in a court of law or in any of various sworn statements in writing. ... An attorney is someone who represents someone else in the transaction of business: For attorney-at-law, see lawyer, solicitor, barrister or civil law notary. ... A bar association is a body of lawyers who, in some jurisdictions, are responsible for the regulation of the legal profession. ...

Germany

According to § 136 StPO (Strafprozessordnung = Criminal Procedure Code) a suspect, arrested or not, has to be informed before any interrogation:

It is not allowed to draw any inference from the complete silence of the accused in any stage of the criminal proceedings. However, it is allowed to draw conclusions if the accused remains silent only to certain questions about the same crime.

European Union

Within the European Union, a gradual process of harmonising the laws of individual countries has resulted in calls for a common letter of rights which would apply to all EU citizens. [3] The proposed common standard would protect: In international law, harmonisation refers to the process by which different states adopt the same laws. ...

These would be contained in a "letter of rights" which would be a printed document to be given to suspects after they are detained and before interrogation[4]. The right to silence does not fall under the proposed common standard. This has been criticised on the grounds that the "letter of rights" would be one from which what some people consider to be the most important right is missing, and that this would be confusing for the accused rather than helpful. On the other hand, obstacles to its enactment include the anti-terrorism laws of certain EU members which conflict with these proposed rights. The right to silence is a legal protection enjoyed by people undergoing police interrogation or trial in certain countries. ...

References

The Economist is a weekly news and international affairs publication owned by The Economist Newspaper Ltd and edited in London, UK. It has been in continuous publication since September 1843. ...

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