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Knowing How to Use Your Miranda Rights

By Lependorf & Silverstein

The 5th Amendment of the Constitution states that a person has the right to protection against self-incrimination. This protection can be first invoked during a police interrogation, according to information on the United States Supreme Court website. Historically, the courts sought to further remedy the flaws in the legal system that resulted in those accused of crimes making statements that later resulted in their convictions because of intimidation from law enforcement officials or improper coercive tactics. In 1966, the Supreme Court decided the landmark case, Miranda v. Arizona, where an accused minority suspect was not informed of his right to counsel as well as his right to remain silent. As a result, the suspect confessed to a crime during police interrogation, but because the police tactics were considered coercive and because the suspect was not made aware of his constitutional rights, his confession was considered invalid...continue to full post

Full post as published by New Jersey Criminal Defense Blog on July 13, 2010 (boomark / email).