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)

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References in periodicals archive ?
He made use of Article 47 of the Penal Code, he said, referring to an article that sets out the proper conduct of police officers and procedures for conducting investigations, and which allows the defendant the right to remain silent.
The lawmakers said reports from the ground also point to violations on the right to remain silent, right to counsel and the right against incommunicado detention during these arrests.
'The people have the right to refuse to come with the police in invitations, they have the right to remain silent and to a counsel.
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.
does not establish an unqualified 'right to remain silent.'" (8) The amendment states that one cannot "be compelled in any criminal case to be a witness against himself," (9) but it does not say that you have the right to remain silent. So for criminal law practitioners, Salinas drives the point home that to invoke Fifth Amendment rights, you had better open your mouth and say so.
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.
"You have the right to remain silent. You also have the right to a lawyer": this line from a thousand movies will soon become a reality in all EU member states.
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.
Before the commencement of a hearing the official shall briefly describe and explain the purposes and procedure of the hearing and the rights of the defendant., which shall include an advisement to defendants present that if a defendant is facing the possibility of any criminal charge arising out of the incident giving rise to the traffic citation, the defendant has the right to remain silent under the U.S.