What are the Miranda rights?

Generically speaking, the Miranda rights are the rights that need to be read to accused criminals when they are first being taken into custody.  These rights need to be read to the accused before they can be interrogated.  These rights must be read so as to avoid violating the 5th Amendment.

The Fifth Amendment says, in part, that people cannot be forced to incriminate themselves.  In 1966, the Supreme Court decided (in a case called Miranda v. Arizona) that police needed to inform the accused of their rights.  The Court held that interrogating suspects who did not know that they had a right against self-incrimination violated the 5th Amendment.

Today, there are four aspects to Miranda rights.  The accused must be told that:

• They have the right to remain silent.


• Their statements can be used against them in court if they waive this right.


• They have the right to an attorney.


• They have the right to have an attorney provided for them if they cannot afford their own.