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Miranda decision

  1. A decision by the United States Supreme Court concerning the rights of persons in police custody. In the case of Miranda versus Arizona , in 1966, the Court ruled that, before questioning by the police, suspects must be informed that they have the right to remain silent and the right to consult an attorney, and that anything they say may be used against them in court. The Miranda ruling protects a suspect's Fifth Amendment right against self-incrimination . The Miranda warning, a written statement of these rights, is normally recited by a police officer before interrogating the suspect in police custody.


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But Yasmin Cader, a deputy legal director for the American Civil Liberties Union, said by email that the Miranda decision made the guarantees of the Constitution a reality.

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Justice Alito wrote that the remedy for a violation of the Miranda decision was exclusion of defendants’ statements at their criminal trials.

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In considering whether police officers may be sued for failing to administer the warning, the justices debated whether the Miranda decision had established a constitutional right or something less concrete.

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Since the Miranda decision had “announced a constitutional rule,†he wrote, a statute that sought to overrule it was itself unconstitutional.

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What the Miranda decision guaranteed, he said, was that confessions obtained without the required warnings could not be used at trial.

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