Miranda Rule

Miranda v. Arizona

Miranda v. Arizona, U.S. Supreme Court case (1966) in the area of due process of law (see Fourteenth Amendment). The decision reversed an Arizona court's conviction of Ernesto Miranda on kidnapping and rape charges. Identified in a police lineup, Miranda had been questioned, had confessed, and had signed a written statement without being told that he had a right to a lawyer; his confession was used at trial. In overturning Miranda's conviction, Chief Justice Earl Warren held that the prosecution may not use statements made by a person in police custody unless certain minimum procedural safeguards were in place. Before questioning, a person must be given what is now known as a "Miranda warning" : that you have the right to remain silent; that anything you say may be used as evidence against you; that you may request the presence of an attorney, either retained by you or appointed by the court; and that you have the right, even after beginning to answer questions, to stop answering or request an attorney. The Miranda decision was one of the most controversial of the Warren Court. Under Chief Justices Warren Burger and William Rehnquist (who as a legal spokesman for the Nixon administration had proposed that Miranda be overturned), a Supreme Court more friendly to police operations limited its scope several times, although failing to reverse its central holding, and in 2000 the Rehnquist court, in an opinion authored by the chief justice, reaffirmed the original decision as a constitutional rule that may not be overturned by an act of Congress. Under a 2010 Supreme Court ruling, when a person has invoked Miranda rights, law-enforcement officials may attempt to resume questioning without a lawyer present 14 days after that person has been released from custody. Civil liberties groups have continued to protest that police routinely omit Miranda warnings.

The Columbia Encyclopedia, 6th ed. Copyright© 2014, The Columbia University Press.

Selected full-text books and articles on this topic

Miranda Law: The Right to Remain Silent
Ron Fridell.
Marshall Cavendish Benchmark, 2006
Constitutional Politics in the States: Contemporary Controversies and Historical Patterns
G. Alan Tarr.
Greenwood Press, 1996
Librarian’s tip: "The Miranda Rule in California" begins on p. 163
Out of Order: Arrogance, Corruption, and Incompetence on the Bench
Max Boot.
Basic Books, 1998
Librarian’s tip: "Just Shut Up: The Origins of the Miranda Rule" begins on p. 76
State Constitutions and Criminal Justice
Barry Latzer.
Greenwood Press, 1991
Librarian’s tip: Chap. 4 "Miranda and Self-Incrimination"
Silence, Confessions, and Improperly Obtained Evidence
Peter Mirfield.
Clarendon Press, 1997
Librarian’s tip: "The Miranda Rule" begins on p. 324
The Rights of the Accused in Law and Action
Stuart S. Nagel.
Sage, 1972
Librarian’s tip: "Miranda v. Arizona" begins on p. 71
Over-Reaction - the Mischief of Miranda V. Arizona
Inbau, Fred E.
Journal of Criminal Law and Criminology, Vol. 89, No. 4, Summer 1999
Will Miranda Survive? Dickerson V. United States: The Right to Remain Silent, the Supreme Court, and Congress
.
American Criminal Law Review, Vol. 37, No. 3, Summer 2000
The End of the Road for Miranda V. Arizona? on the History and Future of Rules for Police Interrogation
Thomas, George C.,, III.
American Criminal Law Review, Vol. 37, No. 1, Winter 2000
Is the Miranda Caselaw Really Inconsistent? A Proposed Fifth Amendment Synthesis
Dripps, Donald.
Constitutional Commentary, Vol. 17, No. 1, Spring 2000
Miranda's Exceptions in a Post-Dickerson World
Klein, Susan R.
Journal of Criminal Law and Criminology, Vol. 91, No. 3, Spring 2001
Constitutional Theory for Criminal Procedure: Dickerson, Miranda, and the Continuing Quest for Broad-but-Shallow
Dripps, Donald A.
William and Mary Law Review, Vol. 43, No. 1, October 2001
Are Police Free to Disregard Miranda?
Clymer, Steven D.
The Yale Law Journal, Vol. 112, No. 3, December 2002
Miranda's Final Frontier, the International Arena: A Critical Analysis of United States V. Bin Laden, and a Proposal for a New Miranda Exception Abroad.(custodial Interrogation of Non-American Citizens Abroad)
Godsey, Mark A.
Duke Law Journal, Vol. 51, No. 6, April 2002
Protecting the Innocent from False Confessions and Lost Confessions - and from Miranda
Cassell, Paul G.
Journal of Criminal Law and Criminology, Vol. 88, No. 2, Winter 1998
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