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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.
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. ...
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]
Rhode Island v. Innis, 446 U.S. 291 (1980), is a decision by the United States Supreme Court that clarifies what constitutes "interrogation" for the purposes of Miranda warnings. Under Miranda v. Arizona, police are forbidden from interrogating a suspect once he has asserted his right to counsel under the Sixth Amendment.
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 an explanation of a suspect's rights that must be given by law enforcement before interrogation. It stems from the 1966 Miranda v.Arizona case, and is based primarily on the Fifth Amendment right against self-incrimination.