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What is a Miranda Warning?

By Administrator

Most of us have seen the television show “Law and Order” or some other law enforcement drama. We have seen Lenny read someone their rights in a sarcastic tone. As a result of a landmark case, Miranda v. Arizona, 384 U.S. 436 (1966), most every defendant, when taken into custody, is Mirandized. Although there is no magic language to be read to defendant, the Supreme Court was clear on what is needed: “Prior to any questioning, the person must be warned that he has a right to remain silent, that any statement he does make may be used as evidence against him, and that he has a right to the presence of an attorney, either retained or appointed. The defendant may waive effectuation of these rights, provided the waiver is made voluntarily, knowingly and intelligently...continue to full post

Full post as published by Arkansas Criminal Defense Blog on July 13, 2008 (boomark / email).