Criminal Procedure: Miranda Principles

Introduction to Miranda Warnings

• Fifth Amendment privilege against self-incrimination allows a person in police custody to remain silent.

• Many arrestees are unaware of their right to remain silent, right to counsel, or other constitutional rights.

• Miranda warnings are required when a person is in custody and police desire and anticipate interrogation.

Miranda Warning Components

• Right to remain silent.

• Anything said can and will be used against you in court.

• Right to an attorney during questioning.

• If indigent, a free attorney will be appointed.

• Ability to exercise these rights at any time.

Basis for Warnings

• Fifth Amendment: No person compelled to be a witness against themselves.

• Historical police interrogation practices included brutality, isolation, and psychological tactics, leading to involuntary confessions.

Key Case Precedents

• Escobedo v. Illinois (1964): Reversed conviction due to denial of counsel during interrogation, violating Fifth and Sixth Amendments.

• Miranda v. Arizona (1966): Established the requirement for police to inform arrestees of their constitutional rights (silence, counsel, etc.) before custodial interrogation.

• Missouri v. Seibert (2004): Ruled against