How did Miranda warning get its name?

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2026-03-22 07:00

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The Miranda warning came about as a result of the decision of the United States Supreme court in the case of Miranda v. Arizona 384 U.S. 436 (1966). Ernesto Miranda was arrested by the Phoenix, Arizona Police Department for a rape that had occurred ten days earlier. Miranda signed a form indicating that he understood all of his rights, and then confessed to the crime. The court found that is was unlikely that Miranda actually knew he had a right not to talk to police, and reversed his conviction. Miranda was re-tried on evidence that did not include the confession, and was found guilty. After being released from prison, he was stabbed to death in a fight in a Tuscon bar.

The Miranda decision imposed a requirement that persons who were being asked questions that could incriminate them and who were not free to leave police custody be formally advised of their right not to answer questions and to have the assistance of legal counsel (an attorney) during questioning. If a custodial interrogation takes place without the Miranda warning and a waiver of those rights, information from the interrogation is inadmissible at trial.

There are numerous exceptions to the Miranda rule. Also, there is no requirement to advise someone of their rights per Miranda if they are not being questioned in a custodial setting.

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