The U.S. Constitution contains rights that apply to those who like in the United States. One of these rights is the right to avoid self-incrimination. In 1966, the U.S. Supreme Court ruled on the case Miranda v. Arizona, which dealt with whether police officers have a duty to alert people in custodial interrogation about their rights.
The result of the Supreme Court’s ruling is that police officers must “Mirandize” individuals if they’re in police custody and being questioned. Understanding a bit about Miranda rights, which are named after that case, is important.
Miranda rights include the right to remain silent and the right to have an attorney. The right to remain silent helps to prevent self-incrimination, and the right to an attorney is a way to be sure the person understands their options for speaking to police officers.
How can individuals invoke their Miranda rights?
Miranda rights aren’t automatic. Instead, they must be invoked. This means that a person must clearly state that they’re invoking their rights. This can be done by simply saying, “I invoke my Miranda rights,” “I choose to remain silent” or “I want an attorney.”
Once Miranda rights are invoked, the police officers must stop all questioning. They can’t bring in new officers to continue the interrogation.
When Miranda rights are violated, the evidence that’s seized due to the violation may not be used in the case against the defendant. These defense cases can be complex because of the need to suppress the evidence. It can benefit defendants to get experienced legal guidance if they believe their Miranda rights were violated.
