Index Index
POLICE Protocols, Procedures Miranda Rights Issues
IN THIS SECTION - MIRANDA RIGHTS Start Here Miranda Rights: What it is, How it Works 1966 US Supreme Court Case Miranda v. Arizona 5th Amendment connection When police violate Miranda Links List Articles More Detail Qualified Immunity US Title 1983 ---------------------------------------------------------------------------------------------------------------------------------- START HERE US Courts https://www.uscourts.gov/educational-resources/educational-activities/facts-and-case-summary-miranda-v- arizona#:~:text=Miranda%20was%20found%20guilty%20of%20kidnapping%20and%20rape,not%20violated% 20in%20obtaining%20the%20confession.%20Vignera%20v. Excerpts: Issues Whether “statements obtained from an individual who is subjected to custodial police interrogation” are admissible against him in a criminal trial and whether “procedures which assure that the individual is accorded his privilege under the Fifth Amendment to the Constitution not to be compelled to incriminate himself” are necessary. Supreme Court holding The Court held that “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.” As such, “the prosecution may not use statements, whether exculpatory or inculpatory, stemming from custodial interrogation of the defendant unless it demonstrates the use of procedural safeguards effective to secure the privilege against self-incrimination. By custodial interrogation, we mean 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.”… https://www.uscourts.gov/educational-resources/educational-activities/facts-and-case-summary-miranda-v- arizona#:~:text=Miranda%20was%20found%20guilty%20of%20kidnapping%20and%20rape,not%20violated% 20in%20obtaining%20the%20confession.%20Vignera%20v. MIRANDA RIGHTS: What it is, How it works What it is, amendments involved, when police violate it 1966 US Supreme Court Case - Miranda v. Arizona What is the Miranda rights case? The term "Miranda Rights" comes from a historic 1966 U.S. Supreme Court case called Miranda v. Arizona. The court held that if the police want to question (interrogate) a person in police custody, they must tell them of the Fifth Amendment protection against self-incriminating statements and their right to an attorney. Fifth Amendment Miranda Rights - FindLaw www.findlaw.com/criminal/criminal-rights/miranda-rights … 5th Amendment Connection …they must tell them of the Fifth Amendment protection against self-incriminating statements and their right to an attorney www.findlaw.com/criminal/criminal-rights/miranda-rights … What amendment was involved in the Miranda v Arizona case? The foundation of the Miranda v. Arizona case is found in the Constitution. The 5th Amendment to the United States Constitution requires suspects of crimes to be informed of their rights during an arrest, including the right to remain silent. Miranda V Arizona - Kids | Laws.com kids.laws.com/miranda-v-arizona When do police violate the Miranda rule? But if the police fail to read a suspect his or her rights, the prosecutor can't use anything the suspect says as evidence against the suspect at trial. Most of the time, when the police fail to follow the Miranda rule, the defendant's statements cannot be used against him or her at trial -- but there are several exceptions. When Police Violate the Miranda Rule - Nolo.com www.nolo.com/legal-encyclopedia/when-police-violate-th… What are the requirements for Miranda rights? Miranda laws require that the person be read their rights, which are: the right to be silent, the right to request an attorney, and the right to have an attorney provided by the state in the event that they can’t afford one. Reference: www.legalmatch.com/law-library/article/miranda-warning-laws.html LINKS LIST www.findlaw.com/criminal/criminal-rights/miranda-rights … kids.laws.com/miranda-v-arizona legaldictionary.net/miranda-rights/ www.legalmatch.com/law-library/article/miranda-warning-laws.html https://new-mexico.lawi.us/miranda-warning/#:~:… https://new-mexico.lawi.us/miranda-warning/#:~:… www.nolo.com/legal-encyclopedia/when-police-violate-th… https://www.uscourts.gov/educational-resources/educational-activities/facts-and-case-summary-miranda-v- arizona#:~:text=Miranda%20was%20found%20guilty%20of%20kidnapping%20and%20rape,not%20violated%20in%20obta ining%20the%20confession.%20Vignera%20v. ARTICLES NM Mexico Encyclop. of Law-Miranda Rights https://new-mexico.lawi.us/miranda-warning/#:~:… Miranda Rights dot org https://new-mexico.lawi.us/miranda-warning/#:~:… Corp Watch [Note: although this article goes on to discuss a labor dispute involving age discrimination, it starts out discussing another issue involving Miranda Rights] 2003/04/22 constitutional ban on forced confessions https://corpwatch.org/article/us-supreme-court-rule-general-dynamics-age-discrimination-case US: Supreme Court to Rule on General Dynamics Age Discrimination Case Published by Washington Post | By Charles Lane | Tuesday, April 22, 2003 The Supreme Court announced yesterday that it will review a Colorado case that could help further define the constitutional ban on forced confessions. At issue is whether physical evidence that authorities discovered because of what a suspect told them before being fully informed of his rights should have been admissible in court. Under the court's famous 1966 Miranda ruling, a suspect's statement in police custody cannot be used against him unless police first tell him that he has a right to remain silent and to have a lawyer present during questioning. But in this case, U.S. v. Patane, No. 02-1183, the issue is whether courts must also exclude physical evidence police find based on information a suspect gave without first being "Mirandized." https://corpwatch.org/article/us-supreme-court-rule-general-dynamics-age-discrimination-case [Accessed 2021/02/15; Published by Washington Post | By Charles Lane | Tuesday, April 22, 2003] What are some examples of Miranda rights? Example of Miranda Rights in Use. Police arrest Mark for burglary. After he is taken into custody, the officers start interrogating him about the crime, without reading him his Miranda rights. Mark describes certain elements of the crime, which basically amounts to a confession. Miranda Rights - Definition, Examples, Cases, Processes legaldictionary.net/miranda-rights/ QUALIFIED IMMUNITY New Mexico Reason dot com 2021/02/19 New Mexico Could Be the Third State To Authorize Lawsuits Against Abusive Cops Without Qualified Immunity: A bill approved by the state House would let people sue government officials for violating rights protected by the state constitution. By Jacob Sullum https://reason.com/2021/02/19/new-mexico-could-be-the-third-state-to-authorize-lawsuits-against-abusive- cops-without-qualified-immunity/ US TITLE 1983 https://www.law.cornell.edu/uscode/text/42/1983 Updates: 2021/10/06 editing; 2021/09/29 additions and editing