A requirement that the police inform suspects of their right against self-incrimination and their right to counsel during custodial interrogation.
The Miranda rights were created by the Supreme Court’s 5-4 decision in Miranda v. Arizona
The Miranda ruling has been continually reexamined since its inclusion in the U.S. justice system. It left a number of unanswered questions, including how to determine whether the accused was in fact in custody (and therefore needed to be read his or her rights), whether the suspect’s statements were spontaneous or the product of an investigation (and needed to be preceded by the reading of rights), and whether the individual effectively waived his or her rights. Subsequent cases helped answer these questions and define when the practice of reading suspects their rights can be suspended, which is usually if the questioning is being conducted in certain contexts and if larger issues notably public safety are concerned.
In Orozco v. Texas
In its 1966 ruling, the Court stated that the reading of the rights is necessary only if the suspect is in custody or deprived of freedom in a significant way. In the case of Oregon v. Mathiason
Still many questions remained unanswered, and further interpretations of Miranda followed. In Smith v. Illinois
In New York v. Quarles
Subsequent cases challenged the Court’s interpretation of Miranda. In Oregon v. Elstead
In addition, the Court held that reciting the Miranda rights is not required when the suspect gives a voluntary statement and is unaware that he or she is speaking to a law enforcement officer. In Illinois v. Perkins
Axtman, Kris. “The Tale Behind Cops’ Most Famous Words.” Christian Science Monitor, April 14, 2000. Carmen, Rolando Videl. Criminal Procedure. 6th ed. Belmont, Calif.: Thomson/Wadsworth, 2003. Cassell, P. G., and R. Fowles. “Handcuffing the Cops? A Thirty-Year Perspective on Miranda’s Harmful Effects on Law Enforcement.” Stanford Law Review 50 (1998). Freidell, Ron. Miranda Law: The Right to Remain Silent. New York: Benchmark Books, 2005. Hall, Kermit L. The Rights of the Accused: The Justices and Criminal Justice. New York: Garland, 2000. National Research Council. Fairness and Effectiveness in Policing: The Evidence. Washington, D.C.: National Academies Press, 2003. Savage, David G. “Speaking Up About Silence.” ABA Journal (November, 2003). Weinreb, Lloyd L. Leading Constitutional Cases on Criminal Justice. Rev. ed. New York: Foundation Press, 2001 White, Welsh S. Miranda’s Waning Protections: Police Interrogation Practices After Dickerson. Ann Arbor: University of Michigan Press, 2003.
Brown v. Mississippi
Counsel, right to
Escobedo v. Illinois
Miranda v. Arizona
Terry v. Ohio