Miranda Rights Questions and Answers
By Robert Longley, About.com Guide
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· miranda rights
· miranda warning
· rigth to remain silent
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· rigths of accused persons
"So, were my Miranda rights violated?" In many cases, that's a question only the courts can answer. No two crimes or crime investigations are identical. There are, however some procedures police are required to follow when dealing with the Miranda warnings and the rights of persons taken into custody. Here are some answers to commonly asked questions about Miranda rights and Miranda warnings.
Q. At what point are police required to inform a suspect of their Miranda rights?
A. After a person has officially been taken into custody (detained by police), but before any interrogation takes place, police must inform them of their right to remain silent and to have an attorney present during questioning. A person is considered to be "in custody" anytime they are placed in an environment in which they do not believe they are free to leave. Example: Police can question witnesses at crime scenes without reading them their Miranda rights, and should a witness implicate themselves in the crime during that questioning, their statements could be used against them later in court.
Q. Can police question a person without reading them their Miranda rights?
A. Yes. The Miranda warnings must be read only before questioning a person who has been taken into custody.
Q. Can police arrest or detain a person without reading them their Miranda rights?
A. Yes, but until the person has been informed of his or her Miranda rights, any statements made by them during interrogation may be ruled inadmissible in court.
Q. Does Miranda apply to all incriminating statements made to police?
A. No. Miranda does not apply to statements a person makes before they are arrested. Similarly, Miranda does not apply to statements made "spontaneously," or to statements made after the Miranda warnings have been given.
Q. If you first say you don't want a lawyer, can you still demand one during questioning?
A. Yes. A person being questioned by the police can terminate the interrogation at any time by asking for an attorney and stating that he or she declines to answer further questions until an attorney is present. However, any statements made up until that point during the interrogation may be used in court.
Q.Can the police really "help out" or reduce the sentences of suspects who confess during questioning?
A. No. Once a person has been arrested, the police have no control over how the legal system treats them. Criminal charges and sentencing are totally up to the prosecutors and the judge. (See: Why People Confess: Tricks of Police Interrogation)
Q. Are police required to provide interpreters to inform deaf persons of their Miranda rights?
A. Yes. Section 504 of the Rehabilitation Act of 1973 requires police departments receiving any form of federal assistance to provide qualified sign interpreters for communication with hearing impaired persons who rely on sign language. The Department of Justice (DOJ) Regulations pursuant to Section 504, 28 C.F.R. Part 42, specifically mandate this accommodation. However, the ability of "qualified" sign interpreters to accurately and complete explain the Miranda warnings to deaf persons is often questioned. See: Legal Rights: The Guide for Deaf and Hard of Hearing People from the Gallaudet University Press.