Today marks the 48th anniversary of the landmark Supreme Court case of Harris v. New York[1]. The Harris[2] case marks the first major blow to the landmark holding of Miranda v. Arizona[3]. The case stands as the first major exception to the protections offered by Miranda[4], allowing the state to …
Miranda Rights
Anniversary of Berkemer v. McCarty: Guaranteeing Miranda Warnings for all Offenses
Today marks the 34th anniversary of the landmark Supreme Court case of Berkemer v. McCarty[1]. The Berkemer[2] guaranteed the protections afforded by “Miranda Warnings” for all offenses, from the most serious felonies, to the most minor traffic offenses. The Case The case behind Berkemer …
Anniversary of Miranda v. Arizona: The birth of the Miranda Warning
Today marks the 52nd anniversary of one of the most important landmark Supreme Court decisions in American criminal law, namely the decision of Miranda v. Arizona[1]. Miranda[2] stands as one of the landmark cases in the American criminal justice system. The warning outlined from this case has …
Anniversary of New York v. Quarles: Public Safety trumps Miranda
Today marks the 34th anniversary of the landmark Supreme Court case of New York v Quarles[1] in which the Supreme Court established the second exception to the holding in Miranda[2]. The public safety exception to the “Miranda Warning” requirement exist when there is an ongoing threat to public …
Anniversary of Colorado v. Connelly: The Low Bar for Knowing and Intelligent Waiver of Miranda
Today marks the 31nd anniversary of the landmark Supreme Court case of Colorado v. Connelly[1]. This case set a low bar for what counts as a knowing and intelligent waiver of ones Miranda[2] rights, in part to guarantee that statements made by the mentally ill, mentally challenged, and ignorant, …
Miranda: The Warning You Need
In the history of Supreme Court jurisprudence, there is perhaps no greater rights that has been drilled into the minds of the public than those of the “Miranda Warning”. From movies to television shows, Law and Order to CSI, no phrase is more ubiquitous in cop dramas than the warnings enshrined in …
Invoking Your Right to Silence, Don’t be Silent About Being Silent!
The protections enshrined in the ubiquitous words of the Miranda rights are meant to protect your right against self-incrimination. However, these rights are not self-executing, and require affirmative invocation in order to be effective. The need for invocation is particularly important regarding …
Be Careful – What You Say or Your Silence Can Be Used Against You
When a suspect is in police custody and being questioned by an officer, Texas law requires police officers to meet multiple conditions and give the suspect various warnings before statements made by the suspect can be used against him at trial. By being aware of these requirements, Texas residents …
Pre-Miranda Right to Remain Silent – REVOKED
The right to remain silent is a hot topic of Constitutional rights. In a brief nutshell, this is how the right to remain silent works. A defendant's silence cannot be used in Court to show his or her guilt. When a defendant can invoke this right, however, is a little bit of a tricky concept. First …
