What are Miranda Rights?
Miranda rights make the individual aware of her constitutional rights against self-incrimination. Once an individual is under arrest, the government agent (collectively referred to as police officer or officer) will inform a person of her Miranda rights. The standard for the warning was laid out in the case of Miranda v Arizona.
What is a Miranda Warning?
A Miranda warning is a written or verbal statement to the arrested individual substantially as follows,
“You have the right to remain silent. Anything you say can and will be used against you in a court of law. You have the right to an attorney. If you cannot afford an attorney, one will be provided to you at no cost.”
Once the police officer delivers the Miranda warning, anything that the defendant says in response to questions from the officer may be used in court.
If the officer fails to advise the defendant of her rights, any statements made by the defendant pursuant to interrogation are not admissible at trial.
There are a number of limited exceptions to the requirement to inform an accused of her Miranda rights are subject to some degree of controversy.
What is the Unsolicited Statements exception to Miranda Rights?
If a defendant makes unsolicited statements to the officer, those are admissible at trial. This means that the defendant made statements voluntarily and without being interrogated.
What is a Public Safety Exception?
If there are exigent circumstances where public safety is at risk, this can justify government questioning prior to reading the Miranda warning. In such a situation, any statements made by the individual could be used against her in court.
What is the Other Evidence Sufficient of Conviction exception to Miranda Rights?
If there is sufficient evidence to convict an individual without the use of the individual’s statements in violation of the Miranda rights, failing to appropriately deliver the Miranda warning and using subsequent statements in court will not disrupt the conviction.
What is the Unequivocally and Assertively Request Counsel exception to Miranda Rights?
If an individual does not request the presence of an attorney during interrogation, the Government does not have to immediately supply the individual with counsel. The request for counsel must be unequivocal.
