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  • Writer's pictureSharef Flounoy

WHAT ARE MIRANDA RIGHTS?



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## What are Miranda Rights?


In the landscape of American criminal justice, few phrases are as iconic as "You have the right to remain silent." These words begin the **Miranda warning**, a crucial component of police procedure that safeguards the constitutional rights of suspects. But what exactly are Miranda rights, and why are they so important?


### The Origin of Miranda Rights


The concept of Miranda rights was enshrined in U.S. law following the **1966 Miranda v. Arizona** Supreme Court decision. This landmark case established that the Fifth and Sixth Amendment rights of Ernesto Arturo Miranda had been violated during his arrest and trial for armed robbery, kidnapping, and rape¹. The ruling mandated that suspects must be informed of their rights during the arrest process, a practice that has since become a backbone of lawful police interrogation.


### The Core Principles


Miranda rights are built on two fundamental amendments: the **Fifth Amendment**, which protects against self-incrimination, and the **Sixth Amendment**, which ensures the right to legal counsel². When a person is taken into custody, law enforcement officers are required to deliver the Miranda warning, which typically includes the following points:


- **The right to remain silent**: Anything said can and will be used against the individual in a court of law.

- **The right to an attorney**: If one cannot afford an attorney, one will be provided before any questioning if desired.

- **The right to stop answering questions at any time**: This can be invoked even after the interrogation has begun.


### The Impact of Miranda Rights


The Miranda warning serves as a safeguard against coercive interrogation tactics that could lead to false confessions or self-incrimination. By informing suspects of their rights, the justice system aims to ensure that any statements made during an interrogation are voluntary and not the result of undue pressure³.


### In Practice


While the specific language used in the Miranda warning can vary between jurisdictions, the essence remains the same: to make suspects aware of their rights. It's important to note that suspects can waive these rights and choose to speak with law enforcement, but such a waiver must be made knowingly, voluntarily, and intelligently¹.


### Conclusion


Miranda rights are a testament to the value placed on individual liberties and due process in the United States. They serve as a reminder that in the American legal system, the protection of one's rights is paramount, even in the face of criminal accusation. As society evolves, so too does the interpretation and application of these rights, ensuring that justice is not just served, but served fairly.




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