The Miranda warning is an element of the criminal justice system that through TV and movies has become widely recognized among Americans. This warning, which springs from the U.S. Supreme Court's 1966 decision in Miranda v. Arizona, is meant to ensure that citizens understand their constitutional rights if they are arrested and subjected to interrogation by law enforcement. Supreme Court decisions during the past year, however, have placed important restrictions on the scope of the Miranda warning.
In 1963, Ernesto Miranda was arrested for the kidnapping and rape of an 18 year old mentally handicapped woman. During questioning by the police, Miranda admitted to the crime. His confession was used at trial and he was found guilty.
The U.S. Supreme Court agreed to review the case and in its decision said that people must be provided with basic information on their constitutional rights. At the time of Miranda's arrest, the presumption was that this was the responsibility of the individual. The Court ruled, however, that police must provide the following information to anyone arrested and interrogated: they have the right to remain silent; any statements they make may be used against them in a court of law; they have the right to an attorney; if they can't afford an attorney, the court will appoint one. None of this information had been provided to Miranda.
Note that the focus is on instances when someone is arrested and interrogated. Thus, someone who has not been arrested but is merely answering questions posed by police (such as during a traffic stop) need not be informed of his Miranda rights. Incriminating information provided during this sort of questioning may be used as evidence during a trial.
Two recent Supreme Court decisions placed additional important limitations on Miranda rights. In Berghuis v. Thompkins, the Court decided that the burden of invoking the right to remain silent falls on the suspect. That means that if a person does not clearly invoke his 5th Amendment right to silence, police may continue with their interrogation. In the other decision, Maryland v. Shatzer, the Court stated that for suspects who have invoked their Miranda rights and then been released, these protections do not inhibit police indefinitely. The Court declared that a 14 day period was sufficient to allow the suspect to contact a defense lawyer and decide what to do if contacted again by law enforcement. After those 14 days, police may again approach and pose questions to the suspect.
