Were the Fifth and Sixth Amendments created or changed during the Miranda v. Arizona case?

Answer 1

Status of the Fifth and Sixth Amendments underMiranda v. Arizona

No. The Fifth and Sixth Amendments to the US Constitution are part of the Bill of Rights, which was ratified in 1791. The Bill of Rights guarantees people in the United States certain protections against abuse of power by the government, and attempts to ensure people are treated in a fair and uniform manner.

Miranda v. Arizona, (1966) applied the Fifth and Sixth Amendments to pre-trial procedures by establishing a formal policy requiring police notify anyone in police custody of their constitutional rights. The Supreme Court interpreted the Constitution, but didn't actually change the Amendments, only clarified how and to whom they applied. When clarifications involve words or prescribed activities not explicitly written in the Constitution, this is called an informal amendment process because the decision carries the rule of law, backed by the Court's interpretation of the Constitution. While the informal amendment process has the effect of changing the Constitution by determining what action may or may not be taken to ensure protection of constitutional rights, it doesn't change the underlying document, and doesn't prevent a later Court - or even the same Court at a later time - from making a different decision about the meaning and application the same Amendments.

Reason for the Supreme Court's decision

The Miranda case was heard in the US Supreme Court because most people, including law enforcement officers, were unfamiliar with the constitutional protections that applied to the pre-trial processes of investigation, arrest and interrogation. As a result, suspects' constitutional rights were routinely violated.

Miranda specifically addressed notifying people in police custody of their Fifth Amendment protection against self-incrimination (the right to remain silent), as well as the exception that allows a person to waive this right. It also addressed the Sixth Amendment right to counsel, and established how this was be applied (a right to consult with an attorney before questioning, to have an attorney present during questioning, and to be provided an attorney at state expense if the suspect can't afford to hire his own).

All of these rights fall under the umbrella of the Fifth (and Fourteenth) Amendment Due Process Clause(s), which are designed to ensure people receive fair treatment under the law, regardless of their status in society.

Basic Miranda Warning

Law enforcement officials are required to supply the following basic elements:

"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 speak to an attorney, and to have an attorney present during any questioning. If you cannot afford a lawyer, one will be provided for you at government expense."

Some jurisdictions use variations of the above that require suspects to acknowledge understanding each part of the warning, or explain the rights in simpler language.

Text of Fifth and Sixth Amendments

Amendment V

"No person shall be held to answer for a capital, or otherwise infamous crime, unless on a presentment or indictment of a grand jury, except in cases arising in the land or naval forces, or in the militia, when in actual service in time of war or public danger; nor shall any person be subject for the same offense to be twice put in jeopardy of life or limb; nor shall be compelled in any criminal case to be a witness against himself, nor be deprived of life, liberty, or property, without due process of law; nor shall private property be taken for public use, without just compensation."

Amendment VI

"In all criminal prosecutions, the accused shall enjoy the right to a speedy and public trial, by an impartial jury of the state and district wherein the crime shall have been committed, which district shall have been previously ascertained by law, and to be informed of the nature and cause of the accusation; to be confronted with the witnesses against him; to have compulsory process for obtaining witnesses in his favor, and to have the assistance of counsel for his defense."

For more information, see Related Questions, below.