The United States Constitution is a historical document that some may not think truly applies today; however, legal rulings created since then have ensured that it remains just as applicable today as it was on the day it was created. One of these rulings is from the United States Supreme Court in the case of Miranda v. Arizona, which established what is now known as the Miranda rights.
Many people are familiar with the Miranda rights from watching shows that involve police officers taking individuals into custody. These rights are meant to prevent self-incrimination if the individual faces criminal charges.
What’s included in the Miranda rights?
The Miranda rights include the right to remain silent and the right to consult with an attorney. Even though individuals are read these rights, it is up to the individual to invoke those rights in a clear and concise manner that’s free of any ambiguity. This can include making statements, such as:
- I invoke my Miranda rights.
- I wish to remain silent.
- I want to speak to my attorney.
Once a person in police custody invokes their rights, police officers must cease all questioning. This includes the officers who are currently with the individual, but it also involves any other law enforcement officers they may call in for assistance.
Any statements that are made due to questioning after a person has invoked their Miranda rights may be inadmissible in court. Individuals who are dealing with this type of situation should ensure they understand their rights and how these may impact their defense strategy.