Miranda Rule in United States

Practical Information

Note: Some of this information was last updated in 1982

A requirement that one who is arrested or taken into custody must receive warnings about the right to remain silent so as not to incriminate oneself and the right to have an attorney present before questioning by law enforcement authorities.

(Revised by Ann De Vries)

What is Miranda Rule?

For a meaning of it, read Miranda Rule in the Legal Dictionary here. Browse and search more U.S. and international free legal definitions and legal terms related to Miranda Rule.

Miranda Rule in the context of Juvenile and Family Law

Definition ofMiranda Rule, published by the National Council of Juvenile and Family Court Judges: From the U.S. Supreme Court case of Miranda v. Arizona, 384 U.S. 436 (1966), the rule that confessions are inadmissible at trial if the police do not advise the subject of certain rights before questioning him or her. The rights of which the subject must be advised include: a) The right to remain silent and to refuse to answer any questions; b) The right to know that anything he or she says can and will be used against him or her in a court of law; c) The right to consult with an attorney and to have an attorney present during questioning; d) The right to have counsel appointed at public expense, prior to any questioning if the subject cannot afford counsel. Though the U.S. Supreme Court has not ruled directly on the question, good practice and the laws of many states require that the warnings be given in juvenile cases. Moreover, some states have required that a minor be advised of the right to have a parent, relative or other advisor present during questioning, in addition to counsel.