How did the Miranda case change the protections available to those charged with a crime?
How did the Miranda case change the protections available to those charged with a crime?
The Miranda rules, established in Miranda v. Arizona (1966), established that a person must be made aware that he or she has the right to not speak during criminal questioning. This, similarly to the fifth amendment, allows for a person not to incriminate him/herself in the belief that the individual is compelled to speak during questioning. This is what produced the famous lines often heard in films and television, “You have the right to remain silent…” Without these rights being read, anything that the person under arrest says, is inadmissible in court, and cannot be used against that individual as any sort of confession of guilt in any manner. It is important however, that these rights of the Miranda ruling are only applicable once the person has been taken into custody or detained. Miranda rules, like many Constitutional protections can be waived and admissible when public safety is in jeopardy.