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Where Do The Miranda Rights Come From?The Miranda rights come from the Supreme Court’s interpretation of the 5th Amendment rule against self incrimination. In 1966, the U.S. Supreme Court decided the historic case of Miranda v. Arizona, declaring that whenever a person is taken into police custody, before being questioned he or she must be told of the Fifth Amendment right not to make any self-incriminating statements. The court also took into consideration an individual’s Sixth Amendment right to an attorney at every critical stage of the criminal process. The Supreme Court in the Miranda case did not specify the exact wording to be used when informing a suspect of his or her rights. However, the Court did create a set of guidelines which must be followed. The ruling states: “The person in custody must, prior to interrogation, be clearly informed that he or she has the right to remain silent, and that anything the person says may be used against that person in court; the person must be clearly informed that he or she has the right to consult with an attorney and to have that attorney present during questioning, and that, if he or she is indigent, an attorney will be provided at no cost to represent him or her.” Other Criminal Law FAQs
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