What are Miranda Warnings?

Miranda are given only when a suspect is in custody and the police are going to ask the suspect questions, or make statements, that are going to lead the suspect into giving potential incriminating responses. Therefore, just because you are arrested, does not mean the police are going to read your rights - it only applies to custodial interrogation/questioning. The Miranda Warnings involve the right not to testify against ones self. These warnings provide procedural safeguards to secure the suspect’s privilege against compulsory self incrimination.  more

The courts have decided (in Miranda vs. Arizona) that for a proper interrogation to occur, the accused must be informed of certain rights, such as the "right to remain silent". This comes from the Fifth Amendment (the right against being compelled to be a witness against oneself). Also in Miranda is the "right to an attorney". This comes from the Sixth Amendment: that the accused has "right to the assistance of Counsel" Note: the Sixth Amendment never mentions the word attorney. A Counsel might be your wife, your neighbor, your friend, your landlord, or your boss, anyone you talk to for advice. [A particular perversion of the readings of these two amendments commonly happens in court: you are required to be silent, and you are required to hire an attorney to speak for you in court. By the way, your State Licensed Attorney will almost never argue a case on Constitutional grounds. Hmmm. Coincidence? Go figure...] In actual fact, Miranda is used as a trick to get you agree to waive or ...  more