Miranda warning

Introduction

The Miranda warning (also referred to as Miranda rights) is referred to as a warning which is given by the police to the criminals in the United States of America which are in the police custody. This sort of a warning is given to the criminals before they are interrogated so that their admissibility could be reserved which are given against their statements in the criminal proceedings. On other words, a Miranda warning, prophylactic criminal procedure rule that new law and order enforcement agencies enforcement is required to administer in order to protect an individual who is in custody and subject to direct questioning or its functional equivalent from a violation of his or her Fifth Amendment right against compelled self-incrimination.

Main body

In Miranda v. Arizona, the Supreme Court held that the admission of elicited incriminating statement by a suspect not informed of these rights violates the Fifth Amendment privilege against self-incrimination and the Sixth Amendment right to counsel. It is quite obvious that conditions vary from situation to situation and it has also been mentioned that if the official somehow fail to offer a Miranda or does not agree to offer a Miranda to the person who is in the custody, the person who is in the custody may still be interrogated and asked questions and may be treated accordingly. When it comes down to asking the questions, the law and order enforcement agents are only allowed to ask a specific type of questions and cannot ask just anything. The questions are simple related to name, address etc. Confessions and other information that you provide them will not make up admissible evidence unless you have been made aware of and waived your "Miranda rights". It was in the year 1966 when the Miranda warnings were mandated in the United States of America, and in the Arizona according to the Fifth Amendment the Miranda warning helps the criminal to avoid self incrimination when they are asked questions, this may even be called the police interrogation. When the criminals are caught or when they are pulled over by the police, the police would certainly tell the person that they do not have to hire him the lawyer, therefore; the other person may hire a lawyer for himself personally if he or she wants to.

During this period the criminal is obliged to give an answer which is understandable and has to be delivered properly, in a situation like this, the criminal would not be allowed to stay silent. It even happens that the person prefers to stay quiet; this usually happens because English may not be the first language and the person may be a foreigner and English would act as a foreign language or second language, if the person is somehow not able to understand the question, usually the questions are translated for him.

There are different situations related to this scenario, if the person somehow by any means communicates to the officers that he would remain silent, and this ...