The Miranda Rule

What is the Definition of the Miranda Rule?

The Miranda rule is the basis for the term “Miranda

rights,” which refers to the rights of an individual who is
in police custody and who is being interrogated. If you
have ever watched a police procedural on television, you
may remember the opening words of someone being
read their Miranda rights, also known as being
“Mirandized.” The statement read by the police to their
suspect usually begins with the words, “You have the right to remain silent.” "Miranda warning"
refers to the constitutional requirement that once an individual is detained by the police, there
are certain warnings a police officer is required to give to a detainee.

The term “Miranda,” itself, originated from the know-

famous court case titled “Miranda v. Arizona (court cases
are often referred to, in short version, by the name of the
plaintiff, which in this case was “Miranda”).

This decision in this case was rendered in 1966. It involved

discussion of whether a suspect’s statements, made while
in police custody and while being interrogated, were
admissible as evidence in court. Essentially, the decision was that suspects in police custody
must be informed of certain rights before being interrogated, otherwise, any statements they
make during the interrogation are inadmissible in court.
 In Miranda, the Court held that a defendant cannot be
questioned by police in the context of a custodial interrogation
until the defendant is made aware of the right to remain silent,
the right to consult with an attorney and have the attorney
present during questioning, and the right to have an attorney
appointed if indigent.

These warnings stem from the Fifth Amendment privilege against self-incrimination and the
Sixth Amendment right to counsel. The Fifth Amendment right to counsel was recognized as
part of Miranda v. Arizona and refers to the right to counsel during a custodial interrogation;
the Sixth Amendment ensures the right to
effective assistance of counsel during the critical
stages of a criminal prosecution.

Without a Miranda warning or a valid waiver of

the Miranda rights, statements made may be
inadmissible at trial under the exclusionary rule,
which prevents a party from using evidence at trial
which had been gathered in violation of the United
States Constitution.

Rights Prescribed by the Miranda Rule

 The right to remain silent. This right may be invoked before or during interrogation.
Once invoked, interrogation must cease;
 The right to be aware that anything you say can be used against you in court;
 The right to have an attorney present during interrogations. Once requested,
interrogation must cease until attorney is present; and
 The right to be provided an attorney if you cannot afford one. The court would then
appoint a public defender.
Reference:

https://www.law.cornell.edu/wex/miranda_warning#:~:text=In%20Miranda%2C%20the
%20Court%20held,have%20an%20attorney%20appointed%20if

https://www.legalmatch.com/law-library/article/miranda-rule-definition.html

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