Miranda

What do you do if the police arrest you in the United States? Shut up! In a phrase, that’s the thing to do. The second thing to do is shut up again, until you can consult with an attorney.

In the United States, the “Miranda rule” applies. The police are required to read the person being arrested the Miranda warning: “You have the right to remain silent. Anything you say can and will be used against you in a court of law. You have the right to an attorney present during questioning. If you cannot afford an attorney, one will be appointed for you. Do you understand these rights?”

In the Miranda case, the defendant had confessed to rape. During the police interrogation, he was not informed of his Fifth Amendment Right against Self-incrimination or his Sixth Amendment Right to Counsel. The Supreme Court consequently threw out the confession and the conviction and required a re-trial. At the second trial, he was convicted on other evidence and served time for the offense.

Years after his prison release, he was killed in a fight at a bar.

The Miranda rule was re-affirmed in the Dickerson case, a Supreme Court case decided in 2000. According to the Court, it has become a part of our legal culture.

It’s best not to talk with police if you’re arrested because any information you disclose can be used as evidence against you in court. It is best to consult legal counsel first. In the U.S., the Sixth Amendment guarantees the right to effective assistance of counsel. That means that if you’re charged with a crime, you at least have the right to a public defender. The public defender is an attorney who is paid by the government to defend criminal defendants who cannot afford legal counsel.

The Roberts Court has revisited Miranda in recent years.