What are Miranda Rights?

Miranda rights make the individual aware of her constitutional rights against self-incrimination. Once an individual is under arrest, the government agent (collectively referred to as police officer or officer) will inform a person of her Miranda rights. The standard for the warning was laid out in the case of Miranda v Arizona. 

What is a Miranda Warning?

A Miranda warning is a written or verbal statement to the arrested individual substantially as follows, 

"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, one will be provided to you at no cost."

Once the police officer delivers the Miranda warning, anything that the defendant says in response to questions from the officer may be used in court. 

If the officer fails to advise the defendant of her rights, any statements made by the defendant pursuant to interrogation are not admissible at trial. 

There are a number of limited exceptions to the requirement to inform an accused of her Miranda rights are subject to some degree of controversy.

What is the Unsolicited Statements exception to Miranda Rights? 

If a defendant makes unsolicited statements to the officer, those are admissible at trial. This means that the defendant made statements voluntarily and without being interrogated.

What is a Public Safety Exception? 

If there are exigent circumstances where public safety is at risk, this can justify government questioning prior to reading the Miranda warning. In such a situation, any statements made by the individual could be used against her in court.

What is the Other Evidence Sufficient of Conviction exception to Miranda Rights? 

If there is sufficient evidence to convict an individual without the use of the individual's statements in violation of the Miranda rights, failing to appropriately deliver the Miranda warning and using subsequent statements in court will not disrupt the conviction.

What is the Unequivocally and Assertively Request Counsel exception to Miranda Rights?

If an individual does not request the presence of an attorney during interrogation, the Government does not have to immediately supply the individual with counsel. The request for counsel must be unequivocal.

Related Topics

• Criminal Law (Intro)
• What is Criminal Law?
• What are the elements of a crime?
• Classifications of crimes Misdemeanor vs Felony Criminal Charges?
• What is the process of bringing criminal charges?
• Cease and Desist Order
• What is the process for executing an arrest?
• What are the exceptions to reading Miranda Rights?
• What is the process for initiating criminal charges?
• Prima Facie
• What is the Arraignment and Initial Appearance
• Investigation - Subpoena
• Common Defenses to Criminal Conduct
• Ex. Castle Doctrine
• Types of Punishment for Criminal Activity
• Theories Behind Criminal Punishment
• Federal Sentencing Guidelines
• What are the 4th Amendment protections against Search and Seizure?
• What are the 5th Amendment criminal law protections?
• What are the 6th Amendment criminal law protections?
• What are the 8th Amendment criminal law protections?
• Crimes Against the Property of Others
• Activity Constituting Fraud
• Good Faith as a Defense to Fraud
• Common Types of Business Fraud
• False Statement as a Criminal Charge
• Conspiracy as a Criminal Charge
• Obstruction of Justice as a Criminal Charge
• Aiding and Abetting or Conspiracy to a Crime

• What is a White Collar Crime?
• Lone-back Method of Money Laundering
• Defalcation
• Kiting
• Lapping Scheme

• Whistleblower
• Crimes or Conduct Endangering Workers
• Bribery or Illegal Kickback as a Crime
• Racketeer Influenced and Corrupt Organization Act
• Racketeering
• The False Claims Act
• Sarbanes Oxley Act
• What is Cyber Crime
• Phishing