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What is the importance of the Miranda doctrine to human rights?
Wiki User
∙ 14y ago
Miranda v. Arizona, 384 US 436 (1966)
Miranda v. Arizona, (1966) dealt with the need for individuals in police custody to understand their constitutional rights before being questioned by police. The specific protections addressed are the Fifth Amendment right not to incriminate oneself, and the Sixth Amendment right to legal counsel. The "fundamentals of fairness" standard, derived from the Fourteenth Amendment Equal Protection Clause, demands that the accused be aware of his (or her) options in dealing with police so he can make informed decisions and not unwittingly act against his best interest.
The Court's decision permanently changed law enforcement procedures, such that people taken into police custody must be formally advised of their rights before questioning. Each state is free to determine the exact wording of their "Miranda Warning," provided the elements stipulated in the Supreme Court decision are clearly included.
Example
"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."
Other versions are also used.
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∙ 14y ago
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