Miranda warning


Also found in: Dictionary, Thesaurus, Wikipedia.

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 ?
Miranda warnings may deter suspects from answering questions, (71) and, to Justice Rehnquist, this risk was unacceptable in cases where law enforcement officers need to ask questions to get information to protect the public.
the Miranda warnings was understood as a Fifth Amendment right separate
The three key factors, moreover, critical for a successful interrogation by the police were at play in the case: Mathiason was isolated, the officer was in control, and he was afforded neither the benefit of counsel nor the administration of the Miranda warnings before he confessed.
144) The first Miranda warning provides that the suspect has a right to remain silent.
This article discusses the origins of the public safety exception and provides guidance for law enforcement officers confronted with an emergency that may require interrogating a suspect held in custody about an imminent threat to public safety without providing Miranda warnings.
164) It was only after retaining an attorney that he complained about an improper Miranda warning.
Until a few months ago, the above was everything I knew about the Miranda Warning or rights.
The Miranda Warning was, and still is, good law, even though the facts of the case were atrocious.
Yet there are pratfalls with the social media/channel the deepest of which is that whatever company employees or representatives say, to cite the Miranda warning "may be used against you .