Technically speaking, you are not given your Miranda Rights by having them read to you; you already have your Miranda Rights as a U.S. citizen. The term Miranda Rights has its origins in a 1966 U.S. Supreme Court Case known as Miranda v. Arizona. The court’s ruling gives anyone in police custody or facing potential criminal charges to be advised of their right against self-incrimination. The right to be protected against self-incrimination is also an element of the 5th Amendment of the U.S. Constitution.
If you are taken into police custody, what you are required to be given is a Miranda warning about those rights. The Miranda warning must include the following information:
- You have the right to remain silent,
- Anything you do say may later be used against you,
- You are legally entitled to speak with an attorney,
- If you are unable to afford an attorney, one will be provided for you at no cost.
The main the purpose of the Miranda warnings is to let an individual know that if they are in police custody, they have the right to remain silent. This must be communicated clearly to the individual prior to any questioning by law enforcement....