The Constitution provides very specific rights for people in the United States. One of these is the right to avoid self-incrimination when interacting with police officers and people involved in the criminal justice system.
A person’s Miranda rights are one of the cornerstones of protecting a person from self-incrimination. These rights must be read to anyone who is in police custody and being questioned. This requirement stems from Miranda v. Arizona, a case that went before the United States Supreme Court in 1966.
What do the Miranda rights include?
Miranda rights must inform an individual of their right to remain silent. There’s also a statement included about the risks of speaking, which includes that information obtained could be used in a legal case against them. They must also be informed of their right to have legal representation, even if they can’t afford it.
How can a person invoke their Miranda rights?
A person must speak up to clearly invoke their Miranda rights. This can include specifically saying that they wish to remain silent or that they want to speak to their attorney. The statement can’t be ambiguous in any manner, so being concise is critical.
What happens if Miranda rights aren’t respected?
Statements made by an individual may be suppressed if they were obtained in violation of their rights. This would mean that what the person said couldn’t be used against them in a criminal justice case against them.
Individuals who are interacting with police officers should take steps to ensure their rights are upheld. Anyone who’s facing criminal charges should understand how their rights may impact their defense strategy. Exploring all possible defense strategies may help them decide what options will be most beneficial. It may be a good idea for them to work with someone who’s familiar with these matters.