If you turn on any police procedural, you are bound to hear the Miranda Warning. Cops give this speech to detainees during arrest. At the time of an arrest, the arresting officer must give an individual a warning of his or her rights. When arrested in Mississippi, the constitution dictates that you receive this rundown of rights.

According to Cornell Law, The Miranda Warning provides three basic rights to defendants:

  • The right to remain silent
  • The right to consult an attorney
  • The right to an appointed attorney

The Fifth and Sixth Amendments provide the foundation for the Miranda Warning. The Fifth Amendment offers the right against self-incrimination, whilst the sixth amendment provides the right to counsel. According to the Supreme Court decision Miranda v. Arizona in 1966, police cannot question a defendant until the defendant knows his or her rights.

If the arresting officer does not make the defendant aware of his or her rights, all statements are inadmissible. This comes from an exclusionary rule. The exclusionary rule states that no party can use evidence at a trial that violated the United States Constitution. Hence, the prosecution cannot use any statements made by the defendant without the Miranda Warning.

Under no circumstance can a defendant undergo interrogation before he or she understands the rights the U.S Government provides to defendants. Cops must read the Miranda Warning as not to be in direct violation of the U.S constitution.

The information present provides you with an explanation of the Miranda Warning and its purpose during an arrest. You should not interpret any of the above as legal advice.

Share This