What does the Miranda warning say?

Your “Miranda” rights are: You have the right to remain silent. Anything you say can be used against you in a court of law. You have the right to have a lawyer present during any questioning.

Which amendment is anything you say can and will be used against you in a court of law?

What Are Your Miranda Rights? The Miranda warning outlines the following rights: You have the right to remain silent. Anything you say can and will be used against you in a court of law.

Is a Miranda warning a constitutional right or case law related to the 5th Amendment?

Answer: The Miranda rights, the U.S. Constitutional basis for them are in the Fifth Amendment and the Sixth Amendment of the U.S. Constitution. The Fifth Amendment dealing with a person’s right against self-incrimination, which applies not only when they’re on the witness stand in court but in any context.

What do the Miranda warnings guarantee besides the right to remain silent?

What do the Miranda warnings guarantee besides the right to remain silent? You don’t have to say anything to the police if you don’t want to. The Supreme Court decided Miranda’s rights were violated; the other court decided he was guilty of a crime.

Are you allowed to say no comment in court?

‘You do not have to say anything if you do not wish to do so, but anything you do say may be used against you in a court of law. Today, courts can use silence (or no comment answers) as an inference of guilt. This means that saying nothing, in some cases, can do more harm than good.

Why are Miranda Rights called Miranda rights?

Miranda Rights are named after the landmark U.S. Supreme Court case Miranda v. Miranda’s conviction was appealed to the United States Supreme Court. The Justices ruled that the statements Miranda made to the police could not be used as evidence against him because he had not been advised of his Constitutional rights.

What does the Miranda warning say about your rights?

The Miranda Warning says: “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?” The warning,…

What is the 5th Amendment in Miranda v Miranda?

Also at play was the Fifth Amendment, which protects defendants from being compelled to become witnesses against themselves. Even though Miranda had written his confession under a statement saying that he was fully aware of his legal rights, his lawyers argued those rights had not been made explicitly clear to him.

Can anything I say be used against me in court?

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?

Can I plead the fifth after being Mirandized?

If you have been Mirandized and you waive your rights, meaning you wish to speak to police freely without an attorney present, you can change your mind at any time and ‘plead the fifth,’ meaning you no longer wish to answer questions, or that you have changed your mind and wish to have an attorney present after all.