NCJ Number
129193
Date Published
1991
Length
6 pages
Annotation
Several United States Supreme Court decisions since 1988, especially Edwards v. Arizona and Minnick v. Mississippi, have substantially changed the rules established in Miranda v. Arizona in 1966 concerning police officer interrogation of individuals in custody and the admissibility of confessions obtained during these interrogations.
Abstract
Under Miranda, the suspect has the right to remain silent and the right to counsel. The suspect may assert either or both of these rights at any time. Recent court decisions have focused on whether or not a suspect did in fact assert the Miranda rights and on the consequences of the decision to assert the rights. As a result of these decisions, police officers should always read Miranda rights from a standardized form or card approved by departmental legal counsel and should obtain written waivers of the Miranda rights. If a suspect asserts the right to remain silent, questioning should be terminated immediately. If questioning is resumed, the Miranda warnings should be repeated and a new waiver obtained. Specific steps should also be followed if a suspect asserts the right to counsel. 64 reference notes, 2 suggested readings, and list of multiple-choice questions and answers