The Miranda

Rights/Miranda
Doctrine

What are the Miranda

Rights?
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 an attorney. If you cannot
afford an attorney, one will be
provided for you. Do you
understand the rights I have just
read to you?

What is the origin of the Miranda

Rights
Miranda v. Arizona (1966)
established that a suspect has the
right to remain silent and that
prosecutors may not use statements
made by defendants while in police
custody unless the police have advised
them of their rights.

Miranda vs Arizona (1966)

In 1963, Miranda was arrested for the armed
robbery of a bank worker. While in custody of
police, Miranda - who had a record for armed
robbery, attempted rape, assault and burglary
-signed a written confession to the armed robbery.
He also confessed to kidnapping and raping an
18-year-old girl 11 days prior to the robbery.
Miranda was convicted of the armed robbery, but
his attorneys appealed the case on the grounds
that Miranda did not understand that he had the
right against self-incrimination.

What is the basis of the Miranda

Rights?
Section 12, Art. III of the 1987 Constitution
1.Any person under investigation for the
commission of an offense shall have the
right to be informed of his right to remain
silent and to have competent and
independent counsel preferably of his own
choice. If the person cannot afford the
services of counsel, he must be provided
with one. These rights cannot be waived
except in writing and in the presence of
counsel.

 2.No torture, force, violence,

threat, intimidation, or any other
means which vitiate the free will
shall be used against him. Secret
detention places, solitary,
incommunicado, or other similar
forms of detention are
prohibited.

 3.Any confession or admission obtained in

violation of this or Section 17 hereof shall
be inadmissible in evidence against him.
Section 17. No person shall be compelled to be a
witness against himself.
Also known as The Right against SelfIncrimination

 4.The law shall provide for

penal and civil sanctions for
violations of this Section as well
as compensation to the
rehabilitation of victims of
torture or similar practices, and
their families.

What is the right to adequate legal assistance?

The right to adequate legal

assistance is also known as the right
to counsel. This means that someone
who has been charged with a crime,
must be provided with an attorney
even if they cannot afford one.