In 1966 the United State Supreme Court decided four consolidated cases each
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The landmark case was Miranda v. Arizona (1966) 348 U. S. 436. In a 5-4 decision the United States Supreme Court held that the prosecution may not use statements, whether exculpatory or inculpatory, stemming from questioning initiated by law enforcement officers after a person has been taken into custody or otherwise deprived of his freedom of action in any significant way, unless it demonstrates the use of procedural safeguards effective to secure the Fifth Amendment's privilege against self-incrimination.
Earl Warren, the Chief Justice of the Supreme Court, delivered the opinion of the Court. In delivering his opinion Chief Justice Warren stated, there can be no doubt that the Fifth Amendment privilege is available outside of criminal court proceedings and serves to protect persons in all settings in which their freedom of action is curtailed in any significant way from being compelled to incriminate themselves. We have concluded that without proper safeguards the process of in-custody interrogation of persons suspected or accused of crime contains inherently compelling pressures which work to undermine the individual's will to resist and to compel him to speak where he would not otherwise do so freely. In order to combat these pressures and to permit a full opportunity to exercise the privilege against self-incrimination, the accused must be adequately and effectively apprised of his rights and the exercise of those rights must be fully honored.
The result of the Miranda decision was far reaching. The decision led to the now common practice of advising a criminal defendant of his Constitutional Right to remain silent and a defendant's Constitutional Right to have an attorney present during questioning. The procedure is now commonly referred to as advising a defendent of his "Miranda Rights".
If you are arrested or interrogated by the police - Exercise Your Constitutional Rights. You have the right to:
There is nothing you can say or do to stop the investigation and anything you say will be used against you in the prosecution of the case. Speaking to the police will only make your situation worse.
If you have been arrested or accused of a crime, do not navigate the criminal process on your own. Contact a qualified criminal defense attorney to discuss your rights and the circumstances of your case. The Sierra Law Center, APC is an aggressive law firm that will throughly investigate your case and evaluate if the police violated your Constitutional Rights.
criminal defendant's
rights when questioned by the police while in police custody.The landmark case was Miranda v. Arizona (1966) 348 U. S. 436. In a 5-4 decision the United States Supreme Court held that the prosecution may not use statements, whether exculpatory or inculpatory, stemming from questioning initiated by law enforcement officers after a person has been taken into custody or otherwise deprived of his freedom of action in any significant way, unless it demonstrates the use of procedural safeguards effective to secure the Fifth Amendment's privilege against self-incrimination.
Earl Warren, the Chief Justice of the Supreme Court, delivered the opinion of the Court. In delivering his opinion Chief Justice Warren stated, there can be no doubt that the Fifth Amendment privilege is available outside of criminal court proceedings and serves to protect persons in all settings in which their freedom of action is curtailed in any significant way from being compelled to incriminate themselves. We have concluded that without proper safeguards the process of in-custody interrogation of persons suspected or accused of crime contains inherently compelling pressures which work to undermine the individual's will to resist and to compel him to speak where he would not otherwise do so freely. In order to combat these pressures and to permit a full opportunity to exercise the privilege against self-incrimination, the accused must be adequately and effectively apprised of his rights and the exercise of those rights must be fully honored.
The result of the Miranda decision was far reaching. The decision led to the now common practice of advising a criminal defendant of his Constitutional Right to remain silent and a defendant's Constitutional Right to have an attorney present during questioning. The procedure is now commonly referred to as advising a defendent of his "Miranda Rights".
If you are arrested or interrogated by the police - Exercise Your Constitutional Rights. You have the right to:
- 1. Remain Silent;
2. You Have The Right To Have An Attorney Present During Questioning;
3. If You Can Not Afford To Hire An Attorney, You Have The Right To Have An Attorney Appointed.
There is nothing you can say or do to stop the investigation and anything you say will be used against you in the prosecution of the case. Speaking to the police will only make your situation worse.
If you have been arrested or accused of a crime, do not navigate the criminal process on your own. Contact a qualified criminal defense attorney to discuss your rights and the circumstances of your case. The Sierra Law Center, APC is an aggressive law firm that will throughly investigate your case and evaluate if the police violated your Constitutional Rights.