The Fifth Amendment states, in relevant part, that “o person … shall be compelled in any criminal case to be a witness against himself….” Federal code 42 U.S.C. 436 (1966), as a prophylactic protection of a suspect’s Fifth Amendment rights against self-incrimination during custodial interrogation by officers. Supreme Court set out the Miranda warning, word for word, in the eponymous case, Miranda v. In mass media, this invocation is solemnly delivered as an officer snaps the cuffs on the suspect.
§ 1983ĭue to countless police procedurals, the American public can recite from heart the Miranda warning – that a suspect has the right to remain silent, that anything they says can be used against them in a court of law, that they have the right to an attorney, and if they cannot afford an attorney, one will be appointed for them prior to questioning. Tekoh: The Supreme Court Rules that a Violation of Miranda Rights Alone Does Not Give Rise to Damages Under 42 U.S.C.
0 kommentar(er)
