Miranda is clearly more than words. As the U.S. Supreme Court teaches in U.S. v. Miranda, 384 U.S. 436, 444 (1966), constitutional rights declared “in words” must not be “lost in reality.” In order to ensure that our Fifth Amendment right against self-incrimination and our Sixth Amendment right to assistance of counsel are not just words that get lost in the harsh reality of police interrogation practices, the Supreme Court made the following ruling.
Before questioning a person in police custody, the police must advise the person that “he has the right to remain silent, that anything he says can be used against him in a court of law, that he has the right to the presence of an attorney, and if he cannot afford an attorney one will be appointed for him prior to any questioning if he so desires.” Miranda, 384 U.S. 478-479. Unless those “safeguards” are used, the prosecution may not use a person’s statements in court.
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