Www.lawday.org#lawday2016. Tracing Our Rights www.lawday.org#lawday2016.

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Presentation transcript:

Tracing Our Rights

The Miranda Warning 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 talk to a lawyer and have the lawyer present with you while you are being questioned. If you cannot afford a lawyer, one will be appointed to represent you before any questioning if you wish. You can decide at any time to exercise these rights and not answer any questions or make any statements. Do you understand each of these rights as I have explained to you? Having these rights in mind, do you wish to talk to us now?

Miranda v. Arizona (1966) Our holding will be spelled out with some specificity in the pages which follow, but, briefly stated, it is this: … Prior to any questioning, the person must be warned that he has a right to remain silent, that any statement he does make may be used as evidence against him, and that he has a right to the presence of an attorney, either retained or appointed. The defendant may waive effectuation of these rights, provided the waiver is made voluntarily, knowingly and intelligently. If, however, he indicates in any manner and at any stage of the process that he wishes to consult with an attorney before speaking, there can be no questioning. …

U.S. Constitution’s Bill of Rights (1791) Fifth Amendment No person shall be held to answer for a capital, or otherwise infamous crime, unless on a presentment or indictment of a Grand Jury, … nor shall any person be … compelled in any criminal case to be a witness against himself, … Sixth Amendment In all criminal prosecutions, the accused shall enjoy the right to a speedy and public trial, by an impartial jury … and to have the Assistance of Counsel for his defence.