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In the United States, the Miranda warning is a type of notification customarily given by police to criminal suspects in police custody (or in a custodial interrogation) advising them of their right to silence and, in effect, protection from self-incrimination; that is, their right to refuse to answer questions or provide information to law enforcement or other officials.
A special warning is given indicating that refusal to do so constitutes an offence in itself. Under the Police Reform Act 2002 a person failing to provide a constable in uniform or designated person their name and address where they are suspected of having behaved or behaving in an anti-social manner is a criminal offence.
The warning Chief Justice Earl Warren referred to is now called the Miranda warning, and it is customarily delivered by the police to an individual before questioning. Miranda has been clarified by several further Supreme Court rulings. For the warning to be necessary, the questioning must be conducted under "custodial" circumstances.
Duckworth v. Eagan, 492 U.S. 195 (1989), was a United States Supreme Court case dealing with police behavior when issuing the Miranda warning. The Court's decision was seen as weakening Miranda's protections. [1]
Portrait of English judge Sir Edward Coke. Neither the reasons nor the history behind the right to silence are entirely clear. The Latin brocard nemo tenetur se ipsum accusare ('no man is bound to accuse himself') became a rallying cry for religious and political dissidents who were prosecuted in the Star Chamber and High Commission of 16th-century England.
Pages in category "Miranda warning case law" The following 26 pages are in this category, out of 26 total. This list may not reflect recent changes. ...
In United States law, an example is the case of Miranda v. Arizona , which adopted a prophylactic rule (" Miranda warnings ") to protect the Fifth Amendment right against self-incrimination. The exclusionary rule , which restricts admissibility of evidence in court, is also sometimes considered to be a prophylactic rule. [ 2 ]
A Miranda warning is required only when a person is in custody (i.e., is not free to leave) and is being interrogated, and the results of this interrogation are to be used in court [27] An officer is not required to inform a person of the Miranda rights if the officer will not be questioning the detainee any further after the arrest.