Bradley Henderson leads the criminal defense team at Stone River Law, representing clients statewide in a range of criminal matters, with a focus on strategic defense and client advocacy.
Posted by Stone River’s Criminal Defense Team
Last Updated
Miranda Warnings or Miranda Rights?
The terms “Miranda warnings” and “Miranda rights” are often used interchangeably. But there is a significant difference between warnings and rights.
The warnings are derived from the landmark U.S. Supreme Court case Miranda v. Arizona (1966). The term “Miranda warnings” is commonly used to describe the specific advisements that law enforcement officers are required to give to individuals in custody before conducting an interrogation (aka, interview).
The term “Miranda rights” refers to the legal protections afforded to individuals under the Fifth Amendment of the United States Constitution, which include the right against self-incrimination and the right to counsel. These rights exist independent of any warnings and independent of the Court’s ruling in Miranda.
These rights apply equally to felony and misdemeanor charges.
When police give the Miranda warnings, they are giving notice of the constitutional rights that are discussed in the Miranda. These rights include the following:
- The right to remain silent: The suspect has the right to refuse to answer any questions and to remain silent throughout the interrogation. (Utah law requires only that a person give their name and date of birth to police.)
- Anything they say can be used against them in court: The suspect is informed that any statements they make during the interrogation may be used as evidence against them in a court of law.
- The right to an attorney: The suspect has the right to have an attorney present during the interrogation. If they cannot afford an attorney, one will be appointed to them.
- The right to stop the interrogation at any time: The suspect is advised that they can invoke their right to remain silent or their right to an attorney at any point during the interrogation.
These warnings are intended to ensure that individuals in police custody are aware of their rights and can make informed decisions regarding decisions to speak to, answer questions from, or otherwise cooperate or refuse to cooperate with law enforcement.
So, while “Miranda warnings” specifically refers to the oral notification given by law enforcement, “Miranda rights” encompasses the broader concept of the constitutional rights protected under the Fifth Amendment during custodial interrogations.