Miranda V. Arizona, 384 U.S. Term Paper

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The U.S. Supreme Court held that the prosecution may not use statements without the use of procedural safeguards effective to secure the Fifth Amendment's privilege against self-incrimination (Summary pp). The decision reads, "the person in custody must, prior to interrogation, be clearly informed that he has the right to consult with a lawyer and to have the lawyer with him during interrogation, and that, if he is indigent, a lawyer will be appointed to represent him" (Summary pp). If the individual indicates that he wishes to remain silent, the interrogation must cease, until an attorney is present, and if an interrogation is conducted without the presence of an attorney, the burden rests on the Government to show that the defendant knowingly and intelligently waived his right to counsel (Summary pp).

Since the 1966 decision, many exceptions to the Miranda exclusionary rule have been made, and a violation of the Miranda ruling does not necessarily render the resulting statement inadmissible (Hendrie pp). The Court has clarified that Miranda warnings are not mandated under the Constitution but are merely designed to protect a suspect's right against forced self-incrimination (Hendrie pp). Some have suggested that Miranda warnings are more well-known to school children than the Gettysburg address, and has become a part of national culture (Leo pp).

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Moreover, beyond the borders of the United States, the Miranda warnings may be more well-known than any other feature of the American criminal justice system (Leo pp). The impact of the Miranda decision on police, on criminal suspects, on confession and conviction rates, on the American public, continues to be enormous (Leo pp).

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