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in america they call something miranda rights before arresting someone,what do it mean?

and why they call it that

9 Answers

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  • Anonymous
    10 years ago
    Favorite Answer

    It's named after the Supreme Court case that said everyone under arrest and the police wish to question the person about that charge, the arrestee has to be read his Constitutional rights.

  • BruceN
    Lv 7
    10 years ago

    Miranda was a guy who was tricked by a couple of cops into confessing to murder during a long road trip. The Supreme Court decided in Miranda v. Arizona, that police must read a warning to prisoners before questioning.

    "You have the right to remain silent. Anything you say or do can and will be held against you in a court of law. You have the right to speak to an attorney. If you cannot afford an attorney, one will be appointed for you. Do you understand these rights as they have been read to you?"

  • ?
    Lv 6
    10 years ago

    They are the same as the rights spoken in Sherlock Holmes, in any arrest or questioning, in the UK. The right to remain silent, and presence of an attorney before questioning, the right to have an attorney appointed to you if you cannot afford one (Even if you Can, you automatically get a PD). The 5th amendment rights in the US. And, they ask you Specifically if you Understand these rights. They have to do this because a Hispanic man named Miranda couldn't speak English and therefore couldn't understand his rights. His arrest was ruled unconstitutional by the Supreme Court. This happened in AZ in 1966.

  • Anonymous
    10 years ago

    Miranda Rights is a reference to the fact that - upon arrest - police must inform you that you have a right to hire legal representation (or to have representation provided for free if you can't afford it), and that you have a right not to tell them anything, and that anything you do say, can be used as evidence in a court.

    These are called Miranda Rights because of a US supreme Court case (Miranda v Arizona).

    A man named Ernesto Arturo Miranda was arrested for kidnapping and rape. The police got Mr. Miranda to sign a confession, but they never informed him of his right to legal counsel or his right to say nothing. The Supreme Court reviewed the case as determined that any evidence gathered by the police - without advising Miranda of these rights - was not admissible in court.

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  • Anonymous
    10 years ago

    it's the statement that a police officer says to a suspect when arresting them i.e. "you're under arrest for <crime>. you do not have to say anything but it may harm your defence -----" it goes on a bit.

    they came about after a case - In Miranda v. Arizona, the Supreme Court of the United States held that an elicited incriminating statement by a suspect will not constitute admissible evidence unless the suspect was informed of the right to decline to make self-incriminatory statements and the right to legal counsel (hence the so-called "Miranda rights")

    nearly every police service has their own version :)

  • 10 years ago

    In the UK it used to be the 'Judges Rule' before the Police and Criminal Evidence Act came in.

    In the US I undersand that the caution has to be read out from a card - in the UK this is not the case and the wording does nto have to be exact as long as the intent is there. I understand there is a case where the phrase "shut up, your in enough trouble already" was held to be sufficient.

    NOTE the caution has never used the wording 'used against you' ; this would tend to stop people saying something in their own favour.

  • 10 years ago

    After going to the police department, you are given the opportunity to hear your rights before they question you regarding a crime. The right to take the fifth amendment,(saying nothing) to legal counsel..any you say can be used against you in a court of law

  • 10 years ago

    They don't have to do it before you're arrested. They have to do it before officially questioning you, which is almost always going to take place quite a while after the arrest.

    It just means that they have to remind you that you have the right to remain silent and get a lawyer.

  • Anonymous
    10 years ago

    The Name comes from the Lawyer who argued the case and won it...

    Basically - you must be ADVISED that you have a RIGHT to KEEP QUIET.

    Even if you're drunk and don't have the ABILITY.

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