Miranda rights protect the accused against coerced confessions resulting from police interrogation
In Miranda v. Arizona, the Supreme Court held that before a suspect can be interrogated, the police must read them their Fifth and Sixth Amendment Miranda rights which include:
- The right to remain silent
- The right to have legal counsel present during all questioning
- The right to know that if the accused is unable to afford counsel, one will be appointed by the court
- The Right to know the consequences should the accused waive their rights – that anything the accused says can be used against them at trial
The suspect is then asked whether they understand these rights and whether they are willing to waive them:
- If the suspect knowingly waives their Miranda rights, an ensuing interrogation is considered lawful, and any statements made by the suspect can be used against them at trial.
- If the suspect refuses to waive their rights or the suspect asserts their right to speak with counsel, all interrogation must technically end and the suspect must be allowed to speak with a lawyer.
