“Miranda” Rights and the fifth amendment


In 1966, the Supreme Court of the united States ruled in the landmark case of Miranda against Arizona , and stated that, whenever a person is arrested by the police, must be informed prior to interrogation of the right granted by the fifth amendment (the”Fifth Amendment”) to not make statements that could incriminarla.

What Are the “Rights Miranda”?

As a result of the case Miranda, all persons detained by the police must be informed of four things before being questioned:

  • You have the right to remain silent.
  • Anything you say can and will be used against you in a court of law.
  • You have the right to an attorney.
  • If you cannot afford an attorney, the court will assign you one.

Read the historic decision of the Supreme Court of the united States: Miranda against Arizona.

What Happens If the Police do Not Informs Me About My Miranda Rights?

When police officers question an arrested suspect without first providing the warning about the Miranda rights, any statement or confession you make is considered involuntary and cannot be used against the suspect in any criminal case. The evidence uncovered as a result of that statement or confession will likely also be deleted from the cause.

For example, suppose Dan is arrested and, without reading his Miranda rights, the officers of police questioning about the robbery of a bank. Without knowing that you have the right to remain silent, Dan confesses to having committed the theft and tells the police that the money is buried in the garden of his house. As a result of this information, the police digs up the money.

When the lawyer of Dan question of the confession before the court, the judge is likely to decide that it is illegal. That means that not only will eliminate the confession of the case against Dan, but that also should be ignored the money because it was discovered solely as a result of the confession illegal. (Note: the links in this article contain information in English.)

The process of the criminal law can be very difficult with a lot of stress. If charged for a crime, it is important to contact a lawyer immediately to protect and analyze their rights.

Watch Miranda Rights and Search and Seizure video: Criminal Law

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