Miranda Warning

You have the right to remain silent. Anything you say can and will be held against you in a court of law. You have the right to an attorney and to have an attorney present before answering any questions. If you cannot afford an attorney, one will be appointed to represent you if you wish.

Miranda v. Arizona, 384 U.S. 436 (1966)

No person . . . shall be compelled in any criminal case to be a witness against himself, nor be deprived of life, liberty or property without due process of law;

5th Amendment to the U.S. Constitution

It is actually the 5th Amendment to the United States Constitution that provides protection from self incrimination; the right to remain silent. But it is the Supreme Court’s decision in Miranda v. Arizona that requires law enforcement to advise you of your right to remain silent and your right to have a lawyer present before questioning if you wish.

A brief discussion of the Miranda decision will surely be helpful to underscore its importance. Mr. Miranda was arrested and taken to a special interrogation room. Several hours later the police emerged with a confession. While there were no specific facts alleging physical abuse, the Supreme Court recognized that “such an interrogation environment is created for no purpose other than to subjugate the individual to the will of the examiner.” The court went on to say that, “The current practice of incommunicado interrogation is at odds with one of our Nation’s most cherished principals – that the individual may not be compelled to incriminate himself” (emphasis added). The Supreme Court, at long length, discussed the psychological police tactics employed during interrogation, which are covered in the next chapter. To be sure, the police will tell you that remaining silent makes you “look suspicious” to them. When you are faced with that situation, remember that the Supreme Court has determined that you have an absolute right to remain silent and ask for a lawyer, and that neither the police nor the prosecutor can ever imply to a jury that you are guilty or hiding something because you remained silent.

The Supreme Court has specifically stated, “We have concluded that without proper safeguards the process of in-custody interrogation ... (click here to read more)