Miranda warning

(redirected from The right to remain silent)

Miranda warning( Miranda rule, Miranda rights)

n. the requirement set by the U. S. Supreme Court in Miranda v. Alabama (1966) that prior to the time of arrest and any interrogation of a person suspected of a crime, he/she must be told that he/she has: "the right to remain silent, the right to legal counsel, and the right to be told that anything he/she says can be used in court against" him/her. Further, if the accused person confesses to the authorities, the prosecution must prove to the judge that the defendant was informed of them and knowingly waived those rights, before the confession can be introduced in the defendant's criminal trial. The warnings are known as "Miranda Rights" or just "rights." The Miranda rule supposedly prevents self-incrimination in violation of the Fifth Amendment to the U. S. Constitution. Sometimes there is a question of admissibility of answers to questions made by the defendant before he/she was considered a prime suspect, raising a factual issue as to what is a prime suspect and when does a person become such a suspect? (See: rights)

References in periodicals archive ?
The right to remain silent is so important that the police are required to tell anyone being arrested that they have that right and if they give up the right to remain silent, anything they say can be used in court.
With the Miranda ruling--a tightly split S-to-4 decision--the Court said for the first time that not only do suspects in police custody have the right to remain silent under the Fifth Amendment and the right to an attorney under the Sixth Amendment, but also that police had to inform suspects of those rights.
LOS ANGELES -- B ill Cosby has the right to remain silent -- and that may be his best strategy.
There is a profound irony to the plurality's approach: exercising the right to remain silent by being silent is not sufficient to invoke that right.
It was not long afterward that the Supreme Court reached the Miranda decision aimed at preventing such miscarriages of justice, guaranteeing the right to remain silent and to have an attorney present during questioning while in custody.
US officials said an elite interrogation team would question the Massachusetts college student without reading him his Miranda rights, which guarantees the right to remain silent and the right to an attorney.
If you believe that your actions could give rise to criminal charges, you have the right to remain silent.
2) It did so by, among other things, requiring that interrogators inform suspects of the right to remain silent before conducting a custodial interrogation.
United States regarding the invocation of the Miranda right to counsel, it never had defined whether an invocation of the right to remain silent must be unambiguous.
Asked if terrorism suspects should be warned of the right to remain silent, the nominee herself chose to remain silent after observing that the issue was "quite likely to get to the courts.
Butler (18) established that a waiver of the right to remain silent need not be express, in this case, Thompkins did not waive his right to remain silent.
WASHINGTON: The White House is reviewing a plan that would require the Justice Department and FBI to consult with the intelligence community before deciding whether to inform terrorism suspects arrested in the United States that they have the right to remain silent and to consult with an attorney, according to the Washington Post.