Miranda warning
In the United States, the Miranda warning is a type of notification customarily given by police to criminal suspects in police custody (or in a custodial interrogation) advising them of their right to silence; that is, their right to refuse to answer questions or provide information to law enforcement or other officials. These rights are often referred to as Miranda rights. The purpose of such notification is to preserve the admissibility of their statements made during custodial interrogation in later criminal proceedings.
The language used in a Miranda warning is derived from the 1966 U.S. Supreme Court case Miranda v. Arizona, 384 US 436 (1966). The specific language used in the warning varies between jurisdictions, but the warning is deemed adequate as long as the defendant's rights are properly disclosed such that any waiver of those rights by the defendant is knowing, voluntary, and intelligent. For example, the warning may be phrased as follows:
The language used in a Miranda warning is derived from the 1966 U.S. Supreme Court case Miranda v. Arizona, 384 US 436 (1966). The specific language used in the warning varies between jurisdictions, but the warning is deemed adequate as long as the defendant's rights are properly disclosed such that any waiver of those rights by the defendant is knowing, voluntary, and intelligent. For example, the warning may be phrased as follows:
You have the right to remain silent. Anything you say can be used against you in court. You have the right to talk to a lawyer for advice before we ask you any questions. You have the right to have a lawyer with you during questioning. If you cannot afford a lawyer, one will be appointed for you before any questioning if you wish. If you decide to answer questions now without a lawyer present, you have the right to stop answering at any time.
The Miranda warning is part of a preventive criminal procedure rule that law enforcement are required to administer to protect an individual who is in custody and subject to direct questioning or its functional equivalent from a violation of their Fifth Amendment right against compelled self-incrimination. In Miranda v. Arizona, the Supreme Court held that the admission of an elicited incriminating statement by a suspect not informed of these rights violates the Fifth Amendment and the Sixth Amendment right to counsel, through the incorporation of these rights into state law.
Thus, if law enforcement officials decline to offer a Miranda warning to an individual in their custody, they may interrogate that person and act upon the knowledge gained, but may not use that person's statements as evidence against them in a criminal trial. (Miranda warning. From Wikipedia, the free encyclopedia. en.wikipedia.org/wiki/Miranda_warning, citing Helms, Jeffrey L.; Holloway, Candace L. (2006). "Differences in the Prongs of the Miranda Warnings". Criminal Justice Studies. 19 (1): 77–84.)
